TRUSTEE ACT 1925 - As at 28 September 2020 - Act 14 of 1925
- As at 28 September 2020 - Act 14 of 1925Table of Provisions
PART 1A - PRELIMINARY
PART 1 - INTERPRETATION
- 5 Definitions
PART 2 - TRUSTEES
Division 1 - Appointment, retirement, disclaimer, and ceasing to be executor
- 6 New trustee
- 7 Additional trustee
- 8 Retirement
- 9 Vesting
- 10 Renunciation of probate
- 11 Ceasing to be executor
- 12 Registration
- 13 Protection of purchasers
Division 2 - Powers and duties
- 14 Powers of investment
- 14A Duties of trustee in respect of power of investment
- 14B Law and equity preserved
- 14C Matters to which trustee is to have regard when exercising power of investment
- 14D Powers of trustee in relation to securities
- 14DA Power to purchase dwelling-house as residence for beneficiary
- 14DB Guidelines for trustees
- 14E Advisory committee
- 14F Investment in securities under Reserve Bank RITS system 15, 16. (Repealed)
- 17 Accepting a short title
- 18 Ratio of loan to value
- 19 Loss on mortgages
- 20 Release of part of the security
- 21 Arrangement with company
- 21A Building societies and credit unions--transfers of engagements and amalgamations
- 22 New shares in a company
- 23 Calls on shares
- 24 Accrued interest on debentures or stock sold or purchased
- 25 Continued holding
- 26 Powers incident to sale
- 27 Duration of trust or power to sell 27A. (Repealed)
- 27B Postponement of sale
- 27C Purchaser under a trust for sale
- 28 Deferred payment on sale of land
- 29 Sale or purchase under Conveyancing Act 1919
- 30 Depreciatory conditions
- 31 Sale of part of land
- 32 Sale exchange and partition
- 32A Power to purchase equity of redemption in lieu of foreclosure
- 33 Sale after right of redemption barred
- 34 Release of equity of redemption in discharge of mortgage debt
- 35 Surrender of onerous lease
- 36 Leasing
- 37 Renewal of renewable leasehold
- 38 Raising money
- 39 Protection of purchasers or mortgagees
- 39A Application of income by trustee-mortgagee in possession
- 39B Validation of certain payments by trustee-mortgagee in possession
- 40 Powers
- 41 Insurance
- 42 Application of insurance money
- 42A Maintenance for adult beneficiaries
- 43 Maintenance for infant beneficiaries and accumulation--instruments that came into operation on or after 1 March 1926
- 43A Maintenance for infant beneficiaries and accumulation--instruments that came into operation before 1 March 1926
- 44 Advancement
- 45 Protective trusts
- 45A Equitable life tenant--conditions on entry into possession
- 46 Appropriation
- 47 Payment to the NSW Trustee or a trustee company
- 48 Receipts
- 49 Compounding
- 50 Deposit for safe custody
- 51 Audit
- 52 Valuation
- 53 Employment of agents
- 54 Banks, building societies and credit unions
- 54A Banker may recognise certain signatures and endorsements
- 55 Foreign property
- 56 Undivided interests
- 57 Two or more trustees
- 58 Powers of attorney
- 59 Implied indemnity
- 60 Distribution after notice
- 61 Distribution where estate comprises leaseholds, and in certain other cases
- 61A Personal liability of legal representative or trustee
- 62 Notice
- 63 Advice
Division 3 - Delegation
- 64 Execution of trust
- 65 Consent to exercise of trust or power
- 66 Persons dealing with delegate
- 67 Power of attorney
- 68 Registration
Division 4 - Statute of limitations
69. (Repealed)PART 3 - POWERS OF THE COURT
Division 1 - New trustees and vesting orders
- 70 New trustees
- 71 Vesting orders
- 72 Contingent rights of unborn persons 73. (Repealed)
- 74 Minor or insane mortgagee
- 75 Deceased mortgagee
- 76 Sale or mortgage of land
- 77 Specific performance, and other matters
- 78 Effect of vesting order
- 79 Appointment of person to convey
- 80 Trustees of charities
Division 2 - Dealings and improvements
- 81 Advantageous dealings
- 82 Improvements and repairs
- 82A Improvement and repairs without the approval of the Court 83. (Repealed)
- 84 Sale of minor's property
Division 3 - Relief and indemnity
Division 3A - Power of Court to vary trusts
- 86A Court order to approve arrangement
- 86B Court order to benefit person subject to application
- 86C Court may direct notice of application to certain persons
Division 4 - Miscellaneous powers
- 87 Division of chattels
- 88 Order in absence of a trustee
- 89 Proceedings under Mental Health Act 1958
- 90 Court may take into account investment strategy in action for breach of trust
- 90A Power of Court to set off gains and losses arising from investment
Division 5 - Applications and orders
PART 4 - PAYMENT INTO COURT
- 95 Trustees
- 96 Person liable to minor or person of unsound mind
- 97 Life assurance companies
- 98 Money or securities
- 99 Trustee