South Australian Current Acts

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TRUSTEE ACT 1936 - SECT 15

15—Retirement of trustees

        (1)         Where there are more than two trustees, if one of them by deed declares that he is desirous of being discharged from the trust, and if his co-trustees and any other person who is empowered to appoint trustees, by deed consent to the discharge of the trustee, and to the vesting in the co-trustees alone of the trust property, then the trustee desirous of being discharged shall be deemed to have retired from the trust, and shall, by the deed, be discharged therefrom under this Act, without any new trustee being appointed in his place.

        (2)         Any assurance or thing requisite for vesting the trust property in the continuing trustees alone shall be executed or done.

        (3)         This section applies only if and as far as a contrary intention is not expressed in the instrument (if any) creating the trust, and shall have effect subject to the terms of that instrument and to any provisions therein contained.

        (4)         This section applies to trusts created either before or after the commencement of this Act.



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