Western Australian Current Acts

TRUSTEES ACT 1962 - SECT 78

78 .         Vesting orders, when Court may make

        (1)         The Court may make an order, in this Act called a vesting order , that has effect as provided in section 85.

        (2)         A vesting order may be made in any of the following cases, namely —

            (a)         where the Court appoints or has appointed a new trustee; or

            (b)         where a new trustee has been appointed out of Court under any statutory or express power; or

            (c)         where a trustee retires or has retired; or

            (d)         where a trustee is under a disability; or

            (e)         where a trustee is out of the jurisdiction of the Court; or

            (f)         where a trustee cannot be found; or

            (g)         where a trustee, being a corporation, has ceased to carry on business or is in liquidation or has been dissolved; or

            (h)         where a trustee neglects or refuses to convey any property, or to receive the dividends or income of any property, or to sue for or recover any property according to the direction of the person absolutely entitled to the same for 28 days next after a request in writing has been made to him by that person; or

                  (i)         where it is uncertain who was the survivor of 2 or more trustees jointly entitled to or possessed of any property; or

            (j)         where it is uncertain whether the last trustee known to have been entitled to or possessed of any property is alive or dead; or

            (k)         where there is no personal representative of the last trustee who was entitled to or possessed of any property or where it is uncertain who is the personal representative of that trustee or where the personal representative of that trustee cannot be found; or

            (l)         where any person neglects or refuses to convey any property, or to receive the dividends or income of any property, or to sue for or recover any property in accordance with the terms of an order of the Court; or

            (m)         where a deceased person was entitled to or possessed of any property and his personal representative is under a disability; or

            (n)         where property is vested in a trustee and it appears to the Court to be expedient to make a vesting order.

        (3)         Where the provisions of subsection (2) are applicable, they extend to a trustee entitled to, or possessed of, any property either solely or jointly with any other person and whether by way of mortgage or otherwise.