AustLII Tasmanian Consolidated Acts

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TRUSTEE ACT 1898

- Act 34 of 1898
- Royal Assent 29 October 1898

TABLE OF PROVISIONS

           Long Title

   PART I - Preliminary

   1.      1. Short title
   2.      2. Commencement
   3.      3. 
   4.      4. Interpretation

   PART II - Investments

   5.      5. Application of Part
   6.      6. Power of trustee to invest
   7.      7. Duty of trustee
   8.      8. Matters to which trustee may have regard
   9.      9. Law and equity preserved
   10.     10. Powers of trustee in relation to securities
   11.     11. Calls on shares
   12.     12. Purchase of house for beneficiary
   12A.    12A. Power of trustee to retain investments
   12B.    12B. Loans and investments by trustees
   12C.    12C. Liability of trustee for loss on improper investments
   12D.    12D. Court may take into account investment strategy
   12E.    12E. Set-off for gains and losses
   12F.    12F. Transitional provision

   PART III - Various Powers and Duties of Trustees

   13.     13. Power of appointing new trustees
   14.     14. Retirement of trustee
   15.     15. Vesting of trust property in new or continuing trustees
   16.     16. Power of trustee for sale to sell by auction
   17.     17. Power to sell subject to depreciatory conditions
   18.     18. Power to sell under section 37 of the Conveyancing and Law
           of Property Act 1884
   19.     19. 
   20.     20. Power to authorize receipt of money by banker or Australian
           legal practitioner
   21.     21. Power to insure building or other property
   22.     22. Power of trustees of renewable leaseholds to renew and to
           raise money for the purpose
   23.     23. Power of trustee to give receipts
   24.     24. Power of executors and trustees to compound, &c.
   25.     25. Powers of two or more trustees exercisable by survivor
   25AA.   25AA. Power to delegate trusts
   25A.    25A. Distribution of property or estate after notice by trustee
           or executor or administrator
   26.     26. Exoneration of trustees in respect of certain powers of
           attorney
   27.     27. Implied indemnity of trustees
   28.     28. Right of beneficiary to apply to trustee for accounts
   29.     29. Power of trustees to make advances to beneficiaries
   30.     30. Protective trusts

   PART IV - Trustee Companies

   31.     31. Power of trustee companies to act for two or more trustees

   PART V - Powers of the Court

   32.     32. Power of Court to appoint new trustees
   33.     33. Vesting orders as to property
   34.     34. Vesting orders as to stock and choses in action
   35.     35. Orders as to contingent rights of unborn persons
   36.     36. Vesting order in place of conveyance by certain persons
           under disability
   37.     37. Vesting order in place of conveyance by representative of
           mortgagee
   38.     38. Vesting order consequential on judgment for sale or mortgage
   39.     39. Vesting order consequential on judgment for specific
           performance
   40.     40. Effect of vesting order
   41.     41. Power to appoint person to convey
   42.     42. Persons entitled to apply for orders
   43.     43. Powers of new trustee appointed by Court
   44.     44. Power to charge costs on trust estate
   45.     45. Trustees of charities
   46.     46. Orders made upon certain allegations to be conclusive
           evidence
   47.     47. Power of Court to make orders in certain cases not provided
           for by trust instruments, &c.
   48.     48. Payment into Court by trustees
   49.     49. Payment into Court of money of certain persons under
           disability
   50.     50. Jurisdiction of Court in cases of breach of trust
   51.     51. Power to give judgment in absence of trustee
   52.     52. Power to sanction sale of land or minerals separately
   53.     53. Power to make beneficiary indemnify for breach of trust

   PART VI - Miscellaneous and Supplemental

   54.     54. Provisions as to appointments of trustees apply to trustees
           under the Settled Land Act 1884
   55.     55. Power of trustees, with sanction of Court, to raise by
           mortgage moneys for preservation of estate or like purposes
   56.     56. 
   56A.    56A. 
   57.     57. Decrees, &c., to bind land under the Real Property Act
           1862Land Titles Act 1980
   58.     58. Remuneration of trustee
   59.     59. Trust estates not affected by trustee becoming a convict
   60.     60. 
   61.     61. Decree for sale
   62.     62. Power of judges to make rules under this Act
   63.     63. Costs in discretion of Court
   64.     64. Application of Act
   65.     65. Act to operate as indemnity
           SCHEDULE 1
           SCHEDULE 2

[ Note: This table has been automatically generated and may be incomplete. ]



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