TRUSTEES ACT 1962 - SECT 45
TRUSTEES ACT 1962 - SECT 45
45 . Trustees dying, devolution of powers or trusts
(1) Where a power or
trust is given to, or imposed on, 2 or more trustees jointly, then, unless the
contrary is expressed in the instrument (if any) creating the power or trust,
the power or trust may be exercised or performed for the time being by the
survivors or survivor of them.
(2) Until the
appointment of a new trustee, the personal representative for the time being
of a sole trustee or (where there were 2 or more trustees) of the last
surviving or continuing trustee shall be capable of exercising or performing
any power or trust that was given to, or capable of being exercised by, the
sole or last surviving or continuing trustee, or other trustees for the time
being of the trust; but for the purposes of this subsection the term trustee
does not include a personal representative as such.
(3) This section does
not authorise the exercise or performance of any power or trust by an executor
who has renounced or has not proved.