Trusts Act 2025
sec.99Trustee to notify particular persons of delegation
Start here
Get a plain-English read of sec.99
Turn the raw legal text into a practical explanation grounded in Trusts Act 2025.
sec.99 Trustee to notify particular persons of delegation
If a trustee delegates a matter under section 95 , the trustee must give written notice of the delegation to— if the trustee has any co-trustees—each co-trustee; and if there is an appointor for the trust who is not also the trustee—the appointor. If neither subsection (1) (a) nor (b) applies, the trustee must give written notice of the delegation to each beneficiary of the trust, to the extent it is practicable to do so. Subsection (4) applies if a beneficiary to whom notice must be given under subsection (2) is— an adult with impaired capacity for financial matters relating to the adult’s interest under the trust; or a child. The trustee may comply with subsection (2) in relation to the beneficiary only by giving notice to— if the beneficiary is an adult—each administrator or attorney for the beneficiary who is authorised, under their appointment as administrator or attorney, to exercise power for financial matters relating to the beneficiary’s interest under the trust; or if the beneficiary is a child—each guardian of the child. (sec.99-ssec.1) If a trustee delegates a matter under section 95 , the trustee must give written notice of the delegation to— if the trustee has any co-trustees—each co-trustee; and if there is an appointor for the trust who is not also the trustee—the appointor. (sec.99-ssec.2) If neither subsection (1) (a) nor (b) applies, the trustee must give written notice of the delegation to each beneficiary of the trust, to the extent it is practicable to do so. (sec.99-ssec.3) Subsection (4) applies if a beneficiary to whom notice must be given under subsection (2) is— an adult with impaired capacity for financial matters relating to the adult’s interest under the trust; or a child. (sec.99-ssec.4) The trustee may comply with subsection (2) in relation to the beneficiary only by giving notice to— if the beneficiary is an adult—each administrator or attorney for the beneficiary who is authorised, under their appointment as administrator or attorney, to exercise power for financial matters relating to the beneficiary’s interest under the trust; or if the beneficiary is a child—each guardian of the child.
- (a) if the trustee has any co-trustees—each co-trustee; and
- (b) if there is an appointor for the trust who is not also the trustee—the appointor.
- (a) an adult with impaired capacity for financial matters relating to the adult’s interest under the trust; or
- (b) a child.
- (a) if the beneficiary is an adult—each administrator or attorney for the beneficiary who is authorised, under their appointment as administrator or attorney, to exercise power for financial matters relating to the beneficiary’s interest under the trust; or
- (b) if the beneficiary is a child—each guardian of the child.