Trusts Act 2025
sec.97Effect of delegation
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sec.97 Effect of delegation
If a trustee delegates a matter under section 95 , the delegate has, within the scope of the delegation, the same trusts, powers, authorities, discretions, duties and liabilities in relation to the matter as the delegate would have if the delegate were the trustee, other than the power of delegation conferred under section 95 . However, the delegate may perform or exercise the delegated matter only in the stated circumstances. The delegate is subject to the court’s jurisdiction and power in the administration of the trust as if the delegate were the trustee. (sec.97-ssec.1) If a trustee delegates a matter under section 95 , the delegate has, within the scope of the delegation, the same trusts, powers, authorities, discretions, duties and liabilities in relation to the matter as the delegate would have if the delegate were the trustee, other than the power of delegation conferred under section 95 . (sec.97-ssec.2) However, the delegate may perform or exercise the delegated matter only in the stated circumstances. (sec.97-ssec.3) The delegate is subject to the court’s jurisdiction and power in the administration of the trust as if the delegate were the trustee.