TRUSTEE ACT (NORTHERN IRELAND) 1958 - SECT 26 Power to delegate trusts etc. by power of attorney.

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TRUSTEE ACT (NORTHERN IRELAND) 1958 - SECT 26

Power to delegate trusts etc. by power of attorney.

26.(1) Notwithstanding any rule of law or equity to the contrary, a trustee
may, by power of attorney, delegate for a period not exceeding twelve months
the execution or exercise of all or any of the trusts, powers and discretions
vested in him as trustee either alone or jointly with any other person or
persons.

(2) The persons who may be donees of a power of attorney under this section
include a trust corporation but not (unless a trust corporation) the only
other co-trustee of the donor of the power.

(3) An instrument creating a power of attorney under this section shall be
attested by at least one witness.

(4) Before or within seven days after giving a power of attorney under this
section the donor shall give written notice thereof (specifying the date on
which the power comes into operation and its duration, the donee of the power,
the reason why the power is given and, where some only are delegated, the
trusts, powers and discretions delegated) to

(a)each person (other than himself), if any, who under any instrument creating
the trust has power (whether alone or jointly) to appoint a new trustee; and

(b)each of the other trustees, if any;

(5) The donor of a power of attorney given under this section shall be liable
for the acts or defaults of the donee in the same manner as if they were the
acts or defaults of the donor.

(6) For the purpose of executing or exercising the trusts or powers delegated
to him, the donee may exercise any of the powers conferred on the donor as
trustee by statute or by the instrument creating the trust, including power,
for the purpose of the transfer of any inscribed stock, himself to delegate to
an attorney power to transfer such stock but not including the power of
delegation conferred by this section.

(7) The fact that it appears from any power of attorney given under this
section, or from any evidence required for the purposes of any such power of
attorney or otherwise, that in dealing with any stock the donee of the power
is acting in the execution of a trust shall not be deemed for any purpose to
affect any person in whose books the stock is inscribed or registered with any
notice of the trust.

(8) This section applies to a personal representative, a tenant for life and a
trustee or other person exercising the powers of a tenant for life under
section 60 of the Settled Land Act 1882 as it applies to a trustee except that
sub-section (4) shall apply as if it required the notice therein mentioned to
be given

(a)in the case of a personal representative, to each of the other
personal representatives, if any, except any executor who has renounced
probate;

(b)in the case of a tenant for life, to the trustees of the settlement and to
each person, if any, who together with the person giving the notice
constitutes the tenant for life;

(c)in the case of a person (other than a trustee) exercising the powers of a
tenant for life under section 60 of the Settled Land Act 1882, to each of the
persons, if any, who together with the person giving the notice have, by
virture of an order of the court, power to exercise the powers of a
tenant for life under the said section 60.

(9) This section applies whenever the trusts, powers or discretions in
question arose.]

Protection against liability in respect of rents and covenants.

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Northern Irish Legislation

TRUSTEE ACT (NORTHERN IRELAND) 1958 - SECT 26