sec.95Power to delegate matters

sec.95 Power to delegate matters

This section applies if a trustee— is absent, or is about to be absent, from the State; or is, or may be about to become, because of physical infirmity, temporarily incapable of performing the duties of a trustee. The trustee may, by instrument (an instrument of delegation ), delegate the administration or exercise of all or any trusts, powers, authorities and discretions vested in the trustee as trustee to— an individual who resides in the State, if— for an individual who is a co-trustee of the trustee—the individual is not the trustee’s only co-trustee; or for another individual— section 13 (1) would not prevent the individual from being appointed as a trustee; or a trustee corporation that carries on business in the State, if section 13 (1) would not prevent the trustee corporation from being appointed as a trustee. For subsection (2) , it does not matter whether the trusts, powers, authorities and discretions are vested in the trustee alone or jointly with 1 or more other persons. The instrument of delegation must— state the circumstances in which the delegation is to operate (the stated circumstances ); and be signed by the trustee and the person to whom the matters are delegated (the delegate ). This section applies despite any rule or principle of law or equity to the contrary. (sec.95-ssec.1) This section applies if a trustee— is absent, or is about to be absent, from the State; or is, or may be about to become, because of physical infirmity, temporarily incapable of performing the duties of a trustee. (sec.95-ssec.2) The trustee may, by instrument (an instrument of delegation ), delegate the administration or exercise of all or any trusts, powers, authorities and discretions vested in the trustee as trustee to— an individual who resides in the State, if— for an individual who is a co-trustee of the trustee—the individual is not the trustee’s only co-trustee; or for another individual— section 13 (1) would not prevent the individual from being appointed as a trustee; or a trustee corporation that carries on business in the State, if section 13 (1) would not prevent the trustee corporation from being appointed as a trustee. (sec.95-ssec.3) For subsection (2) , it does not matter whether the trusts, powers, authorities and discretions are vested in the trustee alone or jointly with 1 or more other persons. (sec.95-ssec.4) The instrument of delegation must— state the circumstances in which the delegation is to operate (the stated circumstances ); and be signed by the trustee and the person to whom the matters are delegated (the delegate ). (sec.95-ssec.5) This section applies despite any rule or principle of law or equity to the contrary.

• (a) is absent, or is about to be absent, from the State; or
• (b) is, or may be about to become, because of physical infirmity, temporarily incapable of performing the duties of a trustee.