Trusts Act 2025
sec.61Duty of particular non-professional trustees
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sec.61 Duty of particular non-professional trustees
This section applies to a trustee if— the trustee is not a professional trustee; but the trustee has, or holds themself out as having, special knowledge or experience relevant to administering trusts or trusts of a particular type. The trustee has a duty, in administering a trust or a trust of the particular type, to exercise the care, diligence and skill that a prudent person having that special knowledge or experience would exercise in managing the affairs of other persons. (sec.61-ssec.1) This section applies to a trustee if— the trustee is not a professional trustee; but the trustee has, or holds themself out as having, special knowledge or experience relevant to administering trusts or trusts of a particular type. (sec.61-ssec.2) The trustee has a duty, in administering a trust or a trust of the particular type, to exercise the care, diligence and skill that a prudent person having that special knowledge or experience would exercise in managing the affairs of other persons.
- (a) the trustee is not a professional trustee; but
- (b) the trustee has, or holds themself out as having, special knowledge or experience relevant to administering trusts or trusts of a particular type.