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TRUSTEE ACT (NORTHERN IRELAND) 1958 - SECT 24

Power to employ agents.

24.(1) Subject to sub-section (5), trustees or personal representatives may,
instead of acting personally, employ and pay an agent, whether a solicitor,
banker, stockbroker, or other person, to transact any business or do any act
required to be transacted or done in the execution of the trust, or the
administration of the testator's or intestate's estate, including the receipt
and payment of money, and shall be entitled to be allowed and paid all charges
and expenses so incurred, and shall not be responsible for the default of any
such agent if employed in good faith.

(2) Subject to sub-section (5), trustees or personal representatives may
appoint any person to act as their agent or attorney for the purpose of
selling, converting, collecting, getting in, and executing and perfecting
assurances of, or managing or cultivating, or otherwise administering any
property, real or personal, movable or immovable, subject to the trust or
forming part of the testator's or intestate's estate, in any place outside the
United Kingdom or executing or exercising any discretion or trust or power
vested in them in relation to any such property, with such ancillary powers,
and with and subject to such provisions and restrictions as they may think
fit, including a power to appoint substitutes, and shall not, by reason only
of their having made such appointment, be responsible for any loss arising
thereby.

(3) Subject to sub-section (5), and without prejudice to the generality of
sub-section (1) or sub-section (2)

(a)a trustee may appoint a solicitor to be his agent to receive and give a
discharge for any money or valuable consideration or property receivable by
the trustee under the trust, by permitting the solicitor to have the custody
of, and to produce, a deed having in the body thereof or endorsed thereon a
receipt for such money or valuable consideration or property, the deed being
executed, or the endorsed receipt being signed, by the person entitled to give
a receipt for that consideration;

(b)a trustee shall not be chargeable with breach of trust by reason only of
his having made or concurred in making any such appointment; and the
production of any such deed by the solicitor shall have the same statutory
validity and effect as if the person appointing the solicitor had not been a
trustee;

(c)a trustee may appoint a banker or solicitor to be his agent to receive and
give a discharge for any money payable to the trustee under or by virtue of a
policy of insurance, by permitting the banker or solicitor to have the custody
of and to produce the policy of insurance with a receipt signed by the
trustee, and a trustee shall not be chargeable with a breach of trust by
reason only of his having made or concurred in making any such appointment.

(4) Sub-section (3) applies whether the money or valuable consideration or
property was or is received before or after the commencement of this Act.

(5) Nothing in this section shall exempt a trustee from any liability which he
would have incurred if this Act and any enactment replaced by this Act had not
been passed, in case he permits any money, valuable consideration, or property
to remain in the hands or under the control of any agent for a period longer
than is reasonably necessary to enable that agent to pay or transfer the same
to the trustee.

© 1958 Crown Copyright

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