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.