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Revised Statute from The UK Statute Law Database

Trustee Act 1925 (c.19)

This version of this statute is extracted from the UK Statute Law Database (SLD). It is not necessarily in the form in which it was originally enacted but is a revised version, which means that any subsequent amendments to the text and other effects are incorporated with annotations.

There are effects on this legislation that have not yet been applied to SLD for the following years: 2004, 2005, 2006, 2007 and 2009. See the Tables of Legislative effects and the Update status of legislation page on the SLD website.

Royal arms

Trustee Act 1925

1925 CHAPTER 19 15_and_16_Geo_5

Contents

Go to Preamble

  1. Part I

    Investments

  2. Part II

    General Powers of Trustees and Personal Representatives

    1. General Powers

      1. 12. Power of trustees for sale to sell by auction, &c

      2. 13. Power to sell subject to depreciatory conditions

      3. 14. Power of trustees to give receipts

      4. 15. Power to compound liabilities

      5. 16. Power to raise money by sale, mortgage, &c

      6. 17. Protection to purchasers and mortgagees dealing with trustees

      7. 18. Devolution of powers or trusts

      8. 19. Power to insure

      9. 20. Application of insurance money where policy kept up under any trust, power or obligation

      10. 21.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

      11. 22. Reversionary interests, valuations and audit

      12. 23.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

      13. 24. Power to concur with others

      14. 25. Delegation of trustee’s functions by power of attorney

    2. Indemnities

      1. 26. Protection against liability in respect of rents and covenants

      2. 27. Protection by means of advertisements

      3. 28. Protection in regard to notice

      4. 29.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

      5. 30. Implied indemnity of trustees

    3. Maintenance, Advancement and Protective Trusts

      1. 31. Power to apply income for maintenance and to accumulate surplus income during a minority

      2. 32. Power of advancement

      3. 33. Protective trusts

  3. Part III

    Appointment and Discharge of Trustees

    1. 34. Limitation of the number of trustees

    2. 35. Appointments of trustees of settlements and and trustees of land

    3. 36. Power of appointing new or additional trustees

    4. 37. Supplemental provisions as to appointment of trustees

    5. 38. Evidence as to a vacancy in a trust

    6. 39. Retirement of trustee without a new appointment

    7. 40. Vesting of trust property in new or continuing trustees

  4. Part IV

    Powers of the Court

    1. Appointment of new Trustees

      1. 41. Power of court to appoint new trustees

      2. 42. Power to authorise remuneration

      3. 43. Powers of new trustee appointed by the court

    2. Vesting Orders

      1. 44. Vesting orders of land

      2. 45. Orders as to contingent rights of unborn persons

      3. 46. Vesting order in place of conveyance by infant mortagee

      4. 47. Vesting order consequential on order for sale or mortgage of land

      5. 48. Vesting order consequential on judgment for specific performance, &c

      6. 49. Effect of vesting order

      7. 50. Power to appoint person to convey

      8. 51. Vesting orders as to stock and things in action

      9. 52. Vesting orders of charity property

      10. 53. Vesting orders in relation to infant’s beneficial interests

      11. 54. Jurisdiction in regard to mental patients

      12. 55. Orders made upon certain allegations to be conclusive evidence

      13. 56. Application of vesting order to property out of England

    3. Jurisdiction to make other Orders

      1. 57. Power of court to authorise dealings with trust property

      2. 58. Persons entitled to apply for orders

      3. 59. Power to give judgment in absence of a trustee

      4. 60. Power to charge costs on trust estate

      5. 61. Power to relieve trustee from personal liability

      6. 62. Power to make beneficiary indemnify for breach of trust

    4. Payment into Court

      1. 63. Payment into court by trustees

      2. 63A. Jurisdiction of County Court

  5. Part V

    General Provisions

    1. 64. Application of Act to Settled Land Act Trustees

    2. 65.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

    3. 66. Indemnity to banks, &c

    4. 67. Jurisdiction of the “court.”

    5. 68. Definitions

    6. 69. Application of Act

    7. 70. Enactments repealed

    8. 71.†Short title, commencement, extent

  6. FIRST SCHEDULE

  7. SECOND SCHEDULE

An Act to consolidate certain enactments relating to trustees in England and Wales.

[9th April 1925]

Annotations:

Modifications etc. (not altering text)

C1The provisions of this Act relating to vesting and certain other orders applied by Settled Land Act 1925 (c. 18), s. 113(9), Law of Property Act 1925 (c. 20), s. 9(3) and Administration of Estates Act 1925 (c. 23), s. 43(2)

C2Act applied by Land Registration Act 1925 (c. 21), ss. 47(1), 111(6) and by Local Government Act 1972 (c. 70), s. 146(1)(c); amended by Trustee Investments Act 1961 (c. 62), Sch. 4 para. 1(1)

C3Words of enactment omitted under authority of Statute Law Revision Act 1948 (c. 62), s. 3

C4Act extended by Solicitors Act 1974 (c. 47, SIF 76:1), s. 35, Sch. 1 para. 11

Commencement Information

I1Act wholly in force at 1.1.1926 by s. 71(2) (now repealed)

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