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TRUSTEE ACT 1925 - SECT 82 Improvements and repairs

TRUSTEE ACT 1925 - SECT 82

Improvements and repairs

    (1)     Where any leasehold is vested in a trustee for a child, or in trust for any persons in succession, the Supreme Court may authorise the trustee to pay or apply capital money subject to the trust for any 1 or more of the following purposes:

        (a)     to effect repairs to any existing buildings, dams, fences or other erections upon the land;

        (b)     to effect improvements of or upon the land, or to reconstruct enlarge or improve any existing buildings, dams, fences or other erections on the land;

        (c)     to erect any new buildings, dams, fences or other erections upon the land;

        (d)     to erect, or join in erecting, a fence of which part is on the land and part on adjoining land;

        (e)     to restock the land with sheep, cattle, or horses;

        (f)     to replace machinery or implements required for the land.

    (2)     The trustee may be so authorised where the Supreme Court, having due regard to the interest of all persons beneficially interested in the land, thinks that the proposed expenditure is expedient, although it may not be necessary for the purpose of the salvage of the property.

    (3)     The amount of capital money that may be so expended shall be stated in the order authorising the proposed expenditure.

    (4)     The Supreme Court may authorise the trustee

        (a)     to raise the amount by mortgage of the land, or by sale of a part of the land; or

        (b)     to raise the amount by mortgage or sale of any other real or personal property held upon the same trusts; or

        (c)     to pay the amount out of any money under the control of the trustee and held by him or her upon the same trusts; or

        (d)     to provide the amount partly in one and partly in another of those modes; or

        (e)     to provide a sinking fund out of income.

    (5)     Where the amount is authorised to be raised by mortgage, the Supreme Court may give directions to the trustee how the principal and interest are to be paid.

    (6)     The Supreme Court may require such provision for a sinking fund as the court thinks proper.

    (7)     The Supreme Court shall give such directions as appear necessary and proper, so as to throw upon the respective interests of the persons beneficially interested their proper proportion of the money to be expended.

    (8)     No purchaser or mortgagee paying or advancing money upon any sale or mortgage authorised by the Supreme Court under this section shall be required to see to the application of the purchase money or mortgage money, and the protection given by this subsection shall extend to the registrar-general.