Trusts Act 2025
sec.88Notice of proposed appropriation
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sec.88 Notice of proposed appropriation
This section applies if a trustee proposes to appropriate trust property under section 90 . Before making the appropriation, the trustee must give written notice of the proposed appropriation to each person interested in the appropriation (each an interested person ). However, if the trustee is an interested person, subsection (2) does not require the trustee to give notice of the proposed appropriation to themself. Subsection (5) applies if an interested person is— an adult with impaired capacity for financial matters relating to the proposed appropriation; or a child. The trustee may comply with subsection (2) in relation to the interested person only by giving notice to— if the interested person is an adult—each administrator or attorney for the interested person who is authorised, under their appointment as administrator or attorney, to exercise power for financial matters relating to the proposed appropriation; or if the interested person is a child—each guardian of the child. (sec.88-ssec.1) This section applies if a trustee proposes to appropriate trust property under section 90 . (sec.88-ssec.2) Before making the appropriation, the trustee must give written notice of the proposed appropriation to each person interested in the appropriation (each an interested person ). (sec.88-ssec.3) However, if the trustee is an interested person, subsection (2) does not require the trustee to give notice of the proposed appropriation to themself. (sec.88-ssec.4) Subsection (5) applies if an interested person is— an adult with impaired capacity for financial matters relating to the proposed appropriation; or a child. (sec.88-ssec.5) The trustee may comply with subsection (2) in relation to the interested person only by giving notice to— if the interested person is an adult—each administrator or attorney for the interested person who is authorised, under their appointment as administrator or attorney, to exercise power for financial matters relating to the proposed appropriation; or if the interested person is a child—each guardian of the child.
- (a) an adult with impaired capacity for financial matters relating to the proposed appropriation; or
- (b) a child.
- (a) if the interested person is an adult—each administrator or attorney for the interested person who is authorised, under their appointment as administrator or attorney, to exercise power for financial matters relating to the proposed appropriation; or
- (b) if the interested person is a child—each guardian of the child.