sec.39Powers etc. of public trustee

sec.39 Powers etc. of public trustee

While the trust property is vested in the public trustee under section 38 , the public trustee has all the powers, authorities and discretions of, and may in all matters act as, a person who had originally been appointed as a trustee of the trust property under the trust instrument. However, unless the court, in special circumstances, otherwise directs, the public trustee is not required to exercise any of the powers, authorities or discretions or act in the administration of the trust. This section does not limit any power of the public trustee under the Public Trustee Act 1978 , section 61 or 62 . (sec.39-ssec.1) While the trust property is vested in the public trustee under section 38 , the public trustee has all the powers, authorities and discretions of, and may in all matters act as, a person who had originally been appointed as a trustee of the trust property under the trust instrument. (sec.39-ssec.2) However, unless the court, in special circumstances, otherwise directs, the public trustee is not required to exercise any of the powers, authorities or discretions or act in the administration of the trust. (sec.39-ssec.3) This section does not limit any power of the public trustee under the Public Trustee Act 1978 , section 61 or 62 .