New South Wales Consolidated Acts

TRUSTEE ACT 1925 - SECT 58

58 Powers of attorney

(1) A trustee acting or paying money in good faith under or in pursuance of any power of attorney shall not be liable for any such act or payment by reason of the fact that at the time of the payment or act the person who gave the power of attorney was dead or had done some act to avoid the power, if this fact was not known to the trustee at the time of the trustee’s so acting or paying.

(2) Nothing in this section shall affect the right of any person entitled to the money against the person to whom the payment is made.

(3) The person so entitled shall have the same remedy against the person to whom the payment is made as he or she would have had against the trustee.

(4) This section applies to trusts created either before or after the commencement of this Act.