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PUBLIC TRUSTEE ACT 1995 - SECT 17

PUBLIC TRUSTEE ACT 1995 - SECT 17

17—Custodian trustee

        (1)         The Public Trustee may be appointed to be custodian trustee of a trust—

            (a)         by order of the Court made on the application of a beneficiary or of a person on whose application the Court may order the appointment of a new trustee; or

            (b)         by the instrument constituting the trust; or

            (c)         by any person authorised to appoint new trustees.

        (2)         An order may be made by the Court or an appointment made by a person authorised to appoint new trustees whenever or however the trust may have been created or arisen.

        (3)         On appointment of a custodian trustee—

            (a)         the trust property must be transferred to the custodian trustee as if that trustee were sole trustee, and for that purpose orders may be made by the Court vesting the property in the custodian trustee; and

            (b)         those persons who would, if there were no custodian trustee, be the sole trustees of the trust have the management of the trust property; and

            (c)         as between the custodian trustee and the managing trustees (without prejudice to the rights of any other persons) the custodian trustee will have the custody of all securities and documents of title relating to the trust property, but the managing trustees will have free access to them and be entitled to take copies of or extracts from them.

        (4)         Subject to subsection (5), the custodian trustee must do all things necessary to enable the managing trustees to perform their functions and exercise their powers under the trust.

        (5)         Nothing in subsection (4) requires the custodian trustee to do anything that is a breach of trust or subjects the custodian trustee to a personal liability.

        (6)         The custodian trustee is not liable for any act or default of the managing trustees to which the custodian trustee has not consented.

        (7)         All money payable from the trust estate must be paid by the custodian trustee and all money payable to the trust estate must be paid to the custodian trustee or as that trustee directs.

        (8)         If the custodian trustee directs that trust property be delivered to the managing trustees or at their direction, the custodian trustee is not responsible for the application of that property or for its loss or misapplication.

        (9)         The custodian trustee does not have power to appoint a new trustee but is entitled to apply to the Court for the appointment of a new trustee in the circumstances in which the managing trustees could apply to the Court for that purpose.

        (10)         On application by the custodian trustee or any of the managing trustees or any beneficiary, the Court may—

            (a)         terminate the custodian trusteeship; and

            (b)         make such vesting orders and give such directions as are necessary,

if it is satisfied that—

            (c)         termination of the trusteeship is the wish of the majority of beneficiaries; or

            (d)         there are other reasons that make such an order expedient.

        (11)         The custodian trustee or the managing trustees may submit a dispute between them to the Court and the Court may determine the matters in dispute in such manner as it considers just.