Part 1Trusts

Chapter 3Powers and duties of trustees

Powers: general

I115General powers of trustees

1

Except in so far as the trust deed expressly provides otherwise (or, in a case where there is no trust deed, the context requires or implies otherwise) the trustees have in relation to the trust property all the powers of a natural person beneficially entitled to the property.

2

But this section is without prejudice to—

a

a trustee’s fiduciary duty (including a trustee’s duty to fulfil the trust purposes),

b

a trustee’s duty of care, and

c

any restriction or exclusion imposed by or under this Act or any other enactment.

3

This section applies irrespective of when the trust was created.