Victorian Current Acts

TRUSTEE ACT 1958 - NOTES

Version No. 127

No. 6401 of 1958
Version incorporating amendments as at
1 September 2023

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Version No. 127

Trustee Act 1958

No. 6401 of 1958
Version incorporating amendments as at
1 September 2023

See www.legislation.vic.gov.au for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.

The Trustee Act 1958 was assented to on 30 September 1958 and came into operation on 1 April 1959: Government Gazette 18 March 1959 page 893.

INTERPRETATION OF LEGISLATION ACT 1984 (ILA)

Style changes

Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.

References to ILA s. 39B

Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original section or clause.

Interpretation

As from 1 January 2001, amendments to section 36 of the ILA have the following effects:

•     Headings

All headings included in an Act which is passed on or after 1 January 2001 form part of that Act. Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms. See section 36(1A)(2A).

•     Examples, diagrams or notes

All examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act. Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act. See section 36(3A).

•     Punctuation

All punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act. Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. See section 36(3B).

•     Provision numbers

All provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001. Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs. See section 36(3C).

•     Location of "legislative items"

A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of an Act is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.

•     Other material

Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act.
See section 36(3)(3D)(3E).

    2     Table of Amendments

This publication incorporates amendments made to the Trustee Act 1958 by Acts and subordinate instruments.

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Statute Law Revision Act 1959, No. 6505/1959

Assent Date:	5.5.59
Commencement Date:	1.4.59: s. 1(2)
Current State:	All of Act in operation

Trustee (Amendment) Act 1959, No. 6511/1959

Assent Date:	12.5.59
Commencement Date:	12.5.59
Current State:	All of Act in operation

Local Government (Amendment) Act 1959, No. 6535/1959

Assent Date:	19.5.59
Commencement Date:	10.6.59: Government Gazette 10.6.59 p. 1668
Current State:	All of Act in operation

Trustee (Mortgages) Act 1959, No. 6580/1959

Assent Date:	8.12.59
Commencement Date:	8.12.59
Current State:	All of Act in operation

Statute Law Revision Act 1962, No. 6867/1962

Assent Date:	16.4.62
Commencement Date:	16.4.62
Current State:	All of Act in operation

Trustee (Variation of Trusts) Act 1962, No. 6915/1962

Assent Date:	20.11.62
Commencement Date:	20.11.62
Current State:	All of Act in operation

Trustee (Mortgages) Act 1962, No. 6963/1962

Assent Date:	18.12.62
Commencement Date:	18.12.62
Current State:	All of Act in operation

Statute Law Revision Act 1965, No. 7332/1965

Assent Date:	14.12.65
Commencement Date:	14.12.65: s. 3
Current State:	All of Act in operation

Strata Titles Act 1967, No. 7551/1967

Assent Date:	17.3.67
Commencement Date:	S. 50 on 1.7.67: Government Gazette 24.5.67 p. 1754
Current State:	This information relates only to the provision/s amending the Trustee Act 1958

Perpetuities and Accumulations Act 1968, No. 7750/1968

Assent Date:	10.12.68
Commencement Date:	10.12.68
Current State:	All of Act in operation

Trustee (Amendment) Act 1969, No. 7791/1969

Assent Date:	15.4.69
Commencement Date:	15.4.69
Current State:	All of Act in operation

Trustee (Authorized Investments) Act 1969, No. 7833/1969

Assent Date:	20.5.69
Commencement Date:	20.5.69
Current State:	All of Act in operation

Victorian Development Corporation Act 1973, No. 8428/1973

Assent Date:	17.4.73
Commencement Date:	8.5.73: Government Gazette 8.5.73 p. 1009
Current State:	All of Act in operation

Age of Majority Act 1977, No. 9075/1977

Assent Date:	6.12.77
Commencement Date:	1.2.78: Government Gazette 11.1.78 p. 97
Current State:	All of Act in operation

Port of Melbourne Authority Act 1978, No. 9178/1978

Assent Date:	8.11.78
Commencement Date:	8.11.78
Current State:	All of Act in operation

Trustee (Authorized Investments) Act 1978, No. 9204/1978

Assent Date:	5.12.78
Commencement Date:	5.12.78
Current State:	All of Act in operation

Instruments (Powers of Attorney) Act 1980, No. 9421/1980

Assent Date:	20.5.80
Commencement Date:	1.7.80: Government Gazette 25.6.80 p. 2123
Current State:	All of Act in operation

Statute Law Revision Act 1980, No. 9427/1980

Assent Date:	27.5.80
Commencement Date:	27.5.80: s. 6(2)
Current State:	All of Act in operation

Victorian Economic Development Corporation Act 1981, No. 9574/1981

Assent Date:	26.5.81
Commencement Date:	1.7.81: Government Gazette 3.6.81 p. 1778
Current State:	All of Act in operation

Crimes (Classification of Offences) Act 1981, No. 9576/1981

Assent Date:	26.5.81
Commencement Date:	1.9.81: Government Gazette 26.8.81 p. 2799
Current State:	All of Act in operation

Trustee (Authorized Investments) Act 1981, No. 9653/1981

Assent Date:	15.12.81
Commencement Date:	15.12.81
Current State:	All of Act in operation

Companies (Consequential Amendments) Act 1981, No. 9699/1981

Assent Date:	5.1.82
Commencement Date:	S. 23 on 1.7.82: s. 2(1)
Current State:	This information relates only to the provision/s amending the Trustee Act 1958

Trustee (Authorized Investments) Act 1982, No. 9816/1982

Assent Date:	14.12.82
Commencement Date:	7.12.83: Government Gazette 7.12.83 p. 3886
Current State:	All of Act in operation

Water and Sewerage Authorities (Restructuring) Act 1983, No. 9895/1983

Assent Date:	7.6.83
Commencement Date:	7.6.83
Current State:	All of Act in operation

Statute Law Revision Act 1983, No. 9902/1983

Assent Date:	15.6.83
Commencement Date:	15.6.83: s. 2(2)
Current State:	All of Act in operation

Water and Sewerage Authorities (Further Restructuring) Act 1984, No. 10048/1984

Assent Date:	8.5.84
Commencement Date:	Ss 5(2), 12(1), 14(4) on 1.7.84: Government Gazette 27.6.84 pp 2068, 2076, 2086
Current State:	This information relates only to the provision/s amending the Trustee Act 1958

Statute Law Revision Act 1984, No. 10087/1984

Assent Date:	22.5.84
Commencement Date:	22.5.84: s. 3(2)
Current State:	All of Act in operation

Trustee (Amendment) Act 1984, No. 10143/1984

Assent Date:	13.11.84
Commencement Date:	1.12.84: Government Gazette 21.11.84 p. 4143
Current State:	All of Act in operation

Trustee Companies Act 1984, No. 10168/1984

Assent Date:	20.11.84
Commencement Date:	5.12.84: Government Gazette 5.12.84 p. 4329
Current State:	All of Act in operation

Trustee (Secondary Mortgage Market Amendment) Act 1985, No. 10230/1985

Assent Date:	10.12.85
Commencement Date:	10.12.85
Current State:	All of Act in operation

Building Societies Act 1986, No. 8/1986

Assent Date:	8.4.86
Commencement Date:	1.5.86: Government Gazette 30.4.86 p. 1114
Current State:	All of Act in operation

Courts Amendment Act 1986, No. 16/1986

Assent Date:	22.4.86
Commencement Date:	S. 24 on 1.7.86: Government Gazette 25.6.86 p. 2180
Current State:	This information relates only to the provision/s amending the Trustee Act 1958

Mental Health Act 1986, No. 59/1986

Assent Date:	3.6.86
Commencement Date:	S. 143(2) on 1.10.87: Government Gazette 30.9.87 p. 2585
Current State:	This information relates only to the provision/s amending the Trustee Act 1958

Supreme Court Act 1986, No. 110/1986

Assent Date:	16.12.86
Commencement Date:	1.1.87: s. 2
Current State:	All of Act in operation

Trustee (Amendment) Act 1986, No. 112/1986 (as amended by No. 65/1988)

Assent Date:	16.12.86
Commencement Date:	Ss 1–3, 5 (except subsections (1)(b) and (2)) on 1.11.87: Government Gazette 28.10.87 p. 2880; ss 4, 5(1)(b)(2), 6 on 7.6.88: s. 2(2)
Current State:	All of Act in operation

State Trust Corporation of Victoria Act 1987, No. 55/1987

Assent Date:	20.10.87
Commencement Date:	2.11.87: Government Gazette 28.10.87 p. 2925
Current State:	All of Act in operation

Stamps (Secondary Mortgage Market) Act 1988, No. 17/1988 (as amended by No. 17/1993)

Assent Date:	11.5.88
Commencement Date:	Ss 4, 5, 7–9 on 7.6.88: Special Gazette (No. 48) 7.6.88 p. 1; s. 6 on 31.5.02: Government Gazette 30.5.02 p. 1118
Current State:	This information relates only to the provision/s amending the Trustee Act 1958

State Bank Act 1988, No. 29/1988

Assent Date:	17.5.88
Commencement Date:	9.6.88: Government Gazette 8.6.88 p. 1582
Current State:	All of Act in operation

Subdivision Act 1988, No. 53/1988 (as amended by No. 47/1989)

Assent Date:	31.5.88
Commencement Date:	30.10.89: Government Gazette 4.10.89 p. 2532
Current State:	All of Act in operation

Transfer of Land (Computer Register) Act 1989, No. 18/1989

Assent Date:	16.5.89
Commencement Date:	3.2.92: Government Gazette 18.12.91 p. 3488
Current State:	All of Act in operation

Trustee (Amendment) Act 1989, No. 45/1989

Assent Date:	6.6.89
Commencement Date:	30.8.89: Government Gazette 30.8.89 p. 2211
Current State:	All of Act in operation

Water (Consequential Amendments) Act 1989, No. 81/1989

Assent Date:	5.12.89
Commencement Date:	1.11.90: Government Gazette 15.8.90 p. 2473
Current State:	All of Act in operation

Mineral Resources Development Act 1990, No. 92/1990

Assent Date:	18.12.90
Commencement Date:	S. 128(Sch. 1 item 30) on 6.11.91: Government Gazette 30.10.91 p. 2970
Current State:	This information relates only to the provision/s amending the Trustee Act 1958

State Bank (Succession of Commonwealth Bank) Act 1990, No. 94/1990

Assent Date:	18.12.90
Commencement Date:	S. 40(14) on 1.1.91: Special Gazette (No. 73) 31.12.90 p. 1
Current State:	This information relates only to the provision/s amending the Trustee Act 1958

State Trust Corporation of Victoria (Amendment) Act 1991, No. 84/1991

Assent Date:	10.12.91
Commencement Date:	1.1.92: Government Gazette 18.12.91 p. 3488
Current State:	All of Act in operation

Rural Finance (VEDC Abolition) Act 1993, No. 115/1993

Assent Date:	7.12.93
Commencement Date:	7.12.93
Current State:	All of Act in operation

State Trustees (State Owned Company) Act 1994, No. 45/1994

Assent Date:	7.6.94
Commencement Date:	Pt 1 (ss 1–3), s. 27 on 7.6.94: s. 2(2); rest of Act on 1.7.94: Special Gazette (No. 36) 23.6.94 p. 1
Current State:	All of Act in operation

Valuation of Land (Amendment) Act 1994, No. 91/1994

Assent Date:	6.12.94
Commencement Date:	S. 36(11) on 1.1.95: s. 2(2)
Current State:	This information relates only to the provision/s amending the Trustee Act 1958

Trustee and Trustee Companies (Amendment) Act 1995, No. 104/1995

Assent Date:	5.12.95
Commencement Date:	1.1.96: s. 2
Current State:	All of Act in operation

Legal Practice Act 1996, No. 35/1996

Assent Date:	6.11.96
Commencement Date:	S. 453(Sch. 1 item 85) on 1.1.97: s. 2(3)
Current State:	This information relates only to the provision/s amending the Trustee Act 1958

Public Sector Reform (Miscellaneous Amendments) Act 1998, No. 46/1998

Assent Date:	26.5.98
Commencement Date:	S. 7(Sch. 1) on 1.7.98: s. 2(2)
Current State:	This information relates only to the provision/s amending the Trustee Act 1958

Tribunals and Licensing Authorities (Miscellaneous Amendments) Act 1998, No. 52/1998

Assent Date:	2.6.98
Commencement Date:	S. 311(Sch. 1 item 98) on 1.7.98: Government Gazette 18.6.98 p. 1512
Current State:	This information relates only to the provision/s amending the Trustee Act 1958

Transfer of Land (Single Register) Act 1998, No 85/1998

Assent Date:	17.11.98
Commencement Date:	S. 24(Sch. item 61) on 1.1.99: s. 2(3)
Current State:	This information relates only to the provision/s amending the Trustee Act 1958

Public Sector Reform (Further Amendments) Act 1999, No. 12/1999

Assent Date:	11.5.99
Commencement Date:	S. 4(Sch. 2 item 19) on 11.5.99: s. 2(1)
Current State:	This information relates only to the provision/s amending the Trustee Act 1958

Statute Law Revision Act 2000, No. 74/2000

Assent Date:	21.11.00
Commencement Date:	S. 3(Sch. 1 item 132) on 22.11.00: s. 2(1)
Current State:	This information relates only to the provision/s amending the Trustee Act 1958

Statute Law Amendment (Authorised Deposit-taking Institutions) Act 2001, No. 11/2001

Assent Date:	8.5.01
Commencement Date:	S. 3(Sch. item 81) on 1.6.01: s. 2(2)
Current State:	This information relates only to the provision/s amending the Trustee Act 1958

Corporations (Consequential Amendments) Act 2001, No. 44/2001

Assent Date:	27.6.01
Commencement Date:	S. 3(Sch. item 117) on 15.7.01: s. 2
Current State:	This information relates only to the provision/s amending the Trustee Act 1958

Trustee (Amendment) Act 2001, No. 60/2001

Assent Date:	16.10.01
Commencement Date:	Ss 1, 2 on 17.10.01: s. 2(1); ss 3–5 on 31.5.02: Government Gazette 30.5.02 p. 1118
Current State:	All of Act in operation

Corporations (Financial Services Reform Amendments) Act 2002, No. 9/2002

Assent Date:	23.4.02
Commencement Date:	S. 3(Sch. item 14) on 23.4.02: s. 2
Current State:	This information relates only to the provision/s amending the Trustee Act 1958

Courts Legislation (Funds in Court) Act 2004, No. 30/2004

Assent Date:	1.6.04
Commencement Date:	S. 10 on 1.7.04: s. 2
Current State:	This information relates only to the provision/s amending the Trustee Act 1958

Legal Profession (Consequential Amendments) Act 2005, No. 18/2005

Assent Date:	24.5.05
Commencement Date:	S. 18(Sch. 1 item 109) on 12.12.05: Government Gazette 1.12.05 p. 2781
Current State:	This information relates only to the provision/s amending the Trustee Act 1958

Courts Legislation Amendment (Associate Judges) Act 2008, No. 24/2008

Assent Date:	3.6.08
Commencement Date:	S. 88 on 17.12.08: Special Gazette (No. 377) 16.12.08 p. 1
Current State:	This information relates only to the provision/s amending the Trustee Act 1958

Criminal Procedure Amendment (Consequential and Transitional Provisions) Act 2009, No. 68/2009

Assent Date:	24.11.09
Commencement Date:	S. 97(Sch. item 126) on 1.1.10: Government Gazette 10.12.09 p. 3215
Current State:	This information relates only to the provision/s amending the Trustee Act 1958

Legal Profession Uniform Law Application Act 2014, No. 17/2014

Assent Date:	25.3.14
Commencement Date:	S. 160(Sch. 2 item 99) on 1.7.15: Special Gazette (No. 151) 16.6.15 p. 1
Current State:	This information relates only to the provision/s amending the Trustee Act 1958

Mental Health Act 2014, No. 26/2014

Assent Date:	8.4.14
Commencement Date:	S. 455(Sch. item 32) on 1.7.14: s. 2(1)
Current State:	This information relates only to the provision/s amending the Trustee Act 1958

Powers of Attorney Act 2014, No. 57/2014 (as amended by No. 20/2015)

Assent Date:	26.8.14
Commencement Date:	S. 163 on 1.9.15: s. 2(2)
Current State:	This information relates only to the provision/s amending the Trustee Act 1958

Oaths and Affirmations Act 2018, No. 6/2018

Assent Date:	27.2.18
Commencement Date:	S. 68(Sch. 2 item 127) on 1.3.19: s. 2(2)
Current State:	This information relates only to the provision/s amending the Trustee Act 1958

Guardianship and Administration Act 2019, No. 13/2019

Assent Date:	4.6.19
Commencement Date:	S. 221(Sch. 1 item 55) on 1.3.20: s. 2(2)
Current State:	This information relates only to the provision/s amending the Trustee Act 1958

Mental Health and Wellbeing Act 2022, No. 39/2022

Assent Date:	6.9.22
Commencement Date:	Ss 875−878 on 1.9.23: s. 2(2)
Current State:	This information relates only to the provision/s amending the Trustee Act 1958

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Metric Conversion (Trustee Act) Regulations 1973, S.R. No. 380/1973

Date of Making:	18.12.73
Date of Commencement:	18.12.73

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    3     Explanatory details

^[1] Pt 1 (Heading and ss 4–12):

Pt 1 (Heading and ss 4–12) amended by Nos 6511 s. 2, 6535 s. 7(21), 6580 s. 2, 6963 s. 2, 7551 s. 50, 7791 ss 2(a)(b), 3, 7833 s. 2, 8428 s. 37, 9178 s. 7, 9204 s. 2(b)(d)(e), 9574 s. 4, 9653 s. 2(1)(a)(b), 9816 ss 2(1)(2), 3, 9895 s. 2(1)(Sch. 1 item 12), 9902 s. 2(1)(Sch. item 255), 10048 ss 5(2), 12(2), 14(4), 10143 ss 4, 6, 10168 s. 3, 112/1986 ss 5(1)(a)(b)(2), 6, 55/1987 s. 57(3)(Sch. 5 item 59), 17/1988 ss 8, 9(1)(2), 29/1988 s. 57(18)(b), 53/1988 s. 45(Sch. 3 items 80, 81) (as amended by No. 47/1989 s. 23(2)), 45/1989 s. 4(1)(2)(a)–(c) (3)(4)(a)(b)(5), 81/1989 s. 3(Sch. item 54), 84/1991 s. 20, 115/1993 s. 32(3), 45/1994 s. 42(Sch. item 12.3), 91/1994 s. 36(11)(c)–(e), substituted as Pt 1 (Heading and ss 4–12F) by No. 104/1995 s. 4.

^[2] S. 13(3): Section 108(2) of the Settled Land Act 1958, No. 6367/1958 reads as follows:

        108     Saving for and exercise of other powers

    (2)     In case of conflict between the provisions of a settlement and the provisions of this Act, relative to any matter in respect whereof the tenant for life or statutory owner exercises or contracts or intends to exercise any power under this Act, the provisions of this Act shall prevail; and accordingly, notwithstanding anything in the settlement, the consent of the tenant for life or statutory owner shall by virtue of this Part be necessary to the exercise by the trustees of the settlement or other persons of any power conferred by the settlement exercisable for any purpose provided for in this Act: Provided that where two or more persons constitute the tenant for life or statutory owner the consent of one only of such persons is to be deemed necessary for the exercise of any such power.

^[3] S. 13(6): Section 32(1) of the Property Law Act 1958, No. 6344/1958 reads as follows:

        32     Power to postpone sale

    (1)     A power to postpone sale shall, in the case of every trust for sale of land, be implied unless a contrary intention appears.

^[4] S. 24(3)(b): Section 67 of the Settled Land Act 1958, No. 6367/1958 reads as follows:

        67     Sale and purchase of heirlooms under order of court

    (1)     Where personal chattels are settled so as to devolve with settled land, or to devolve therewith as nearly as may be in accordance with the law in force at the date of settlement, or are settled upon trusts declared by reference to the trusts affecting land, a tenant for life of the land with the consent of the trustees of the settlement or the order of the Court may sell the chattels or any of them.

    (2)     The money arising by the sale shall be capital money arising under this Act, and shall be paid, invested, or applied and otherwise dealt with in like manner in all respects as by this Act directed with respect to other capital money arising under this Act, or may be invested in the purchase of other chattels of the same or any other nature, which, when purchased, shall be settled and held on the same trusts, and shall devolve in the same manner as the chattels sold.

    (3)     A sale or purchase of chattels under this section shall not be made without the consent of the trustees of the settlement or an order of the Court.

^[5] S. 28(3)(a): Section 69 of the Property Law Act 1958, No. 6344/1958 (as amended by No. 23/1998) reads as follows:

        69     Receipt in deed or indorsed authority for payment to legal practitioner

S. 69(1) amended by Nos 23/1998 s. 8(2), 75/2006 s. 192(Sch. 2 item 4.1).

    (1)     Where a banker, legal practitioner or conveyancer produces a deed, having in the body thereof or indorsed thereon a receipt for consideration money or other consideration, the deed being executed, or the indorsed receipt being signed, by the person entitled to give a receipt for that consideration, or produces a duly executed instrument under the Transfer of Land Act 1958 the deed or instrument (as the case may be) shall be a sufficient authority to the person liable to pay or give the same for his paying or giving the same to the banker, legal practitioner or conveyancer, without the banker, legal practitioner or conveyancer producing any separate or other direction or authority in that behalf from the person who executed or signed the deed or receipt or instrument.

    (2)     This section shall apply whether the consideration was paid or given before or after the commencement of this Act.

S. 69(3) amended by No. 11/2001 s. 3(Sch. item 59.1(a)(b)).

    (3)     In this section instrument includes a discharge of mortgage and "banker" means a person acting in his or her official capacity as general manager or manager of any company solely or chiefly engaged in the ordinary business of banking or as the manager conducting for such company the business of any branch of an authorised deposit-taking institution within the meaning of the Banking Act 1959 of the Commonwealth.

S. 69(4) inserted by No. 75/2006 s. 192(Sch. 2 item 4.2).

    (4)     In this section, "conveyancer" means a licensee under the Conveyancers Act 2006.

^[6] S. 30: Compare section 36 of the Property Law Act 1958, No. 6344/1958 which reads as follows:

        36     Delegation of powers of management by trustees for sale

    (1)     The powers of and incidental to leasing, accepting surrenders of leases and management, conferred on trustees for sale whether by this Part or otherwise, may, until sale of the land, be revocably delegated from time to time, by writing, signed by them, to any person of full age (not being merely an annuitant) for the time being beneficially entitled in possession to the net rents and profits of the land during his life or for any less period; and in favour of a lessee such writing shall, unless the contrary appears, be sufficient evidence that the person named therein is a person to whom the powers may be delegated, and the production of such writing shall, unless the contrary appears, be sufficient evidence that the delegation has not been revoked.

    (2)     Any power so delegated shall be exercised only in the names and on behalf of the trustees delegating the power.

    (3)     The persons delegating any power under this section shall not, in relation to the exercise or purported exercise of the power, be liable for the acts or defaults of the person to whom the power is delegated, but that person shall, in relation to the exercise of the power by him, be deemed to be in the position and to have the duties and liabilities of a trustee.

    (4)     Where, at the commencement of this Act, an order made under section one hundred and thirty-six of the Settled Estates and Settled Land Act 1915 or any corresponding previous enactment, is in force, the person on whom any power is thereby conferred shall, while the order remains in force, exercise such power in the names and on behalf of the trustees for sale in like manner as if the power had been delegated to him under this section.

^[7] S. 31: See section 46 of the Administration and Probate Act 1958,
No. 6191/1958 which has not been reproduced here because of its length.

^[8] S. 33(1)(a): Section 30 of the Administration and Probate Act 1958,
No. 6191/1958 reads as follows:

        30     Executors or administrators may serve notice on claimant

    (1)     A personal representative, having notice, whether under the provisions of section thirty-three of the Trustee Act 1958 or otherwise, that any claim has been or may be made against the estate of which he is the personal representative, may serve upon any person making or possibly entitled to make such claim a notice requiring such person to take within a period of three months from the date of receiving such notice all proceedings proper to enforce or to establish such claim and to duly prosecute the same.

S. 30(2) amended by No. 110/1986 s. 140(2).

    (2)     After the expiration of the said period of three months such personal representative may apply to the Court for an order to some such effect as hereinafter in this section mentioned.

S. 30(3) amended by No. 110/1986 s. 140(2).

    (3)     Upon the hearing of such application the Court, if not satisfied that such proceedings as aforesaid have been taken and are being duly prosecuted, may—

        (a)     order that the said period be extended; or

        (b)     order that the claim of any person so served with notice of the application be for all purposes barred; or

        (c)     make any further or other order enabling the estate to be distributed or dealt with without regard to the claim; and

S. 30(3)(d) amended by No. 110/1986 s. 140(2).

        (d)     in any case impose such conditions and give such directions including a direction as to the payment of the costs of or incidental to the application as to the Court seems just.

^[9] S. 37(3): Section 38 of the Wills Act 1997, No. 88/1997 reads as follows:

        38     Income on contingent and future dispositions

A contingent, future or deferred disposition of property, whether specific or residuary, includes any intermediate income of the property which has not been disposed of by the will.

^[10] S. 40(3)(c): See section 125 of the Property Law Act 1958, No. 6344/1958, which has not been reproduced here because of its length.

^[11] S. 42(1)(c): See section 18(2) where certain moneys for which a sole trustee cannot give a valid receipt are stated.

^[12] S. 42(2): See note 11.

^[13] S. 68: See Pt VIII of the Marriage Act 1958, No. 6306/1958 which has not been reproduced here because of its length.

^[14] S. 70(1): See section 102 of the Settled Land Act 1958, No. 6367/1958 which has not been reproduced here because of its length.

^[15] S. 72: See sections 545, 547, 548, 562–565 of the Crimes Act 1958, No. 6231/1958.