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TRUSTEE ACT 1925 - SECT 65 Consent to exercise of trust or power

TRUSTEE ACT 1925 - SECT 65

Consent to exercise of trust or power

65 Consent to exercise of trust or power

(1) Where a person whose consent is required by any instrument to the exercise of a trust or power is absent from New South Wales or is about to depart therefrom, the person may by registered deed delegate the right to consent to the NSW Trustee, or a trustee company.
(2) Two or more persons may delegate concurrently.
(3) The person who delegates and the delegate shall be severally liable for an improper exercise of the right to consent.
(4) This section applies only if and as far as a contrary intention is not expressed in the instrument creating the power or trust, and shall have effect subject to the terms of that instrument and to the provisions therein contained.
(5) This section applies to trusts or powers created either before or after the commencement of this Act.