Section 136 — Trusts Act 2019: Trustee may apply to court to allow distribution of missing beneficiaries’ shares

136 Trustee may apply to court to allow distribution of missing beneficiaries’ shares (1) The court may, on application by a trustee, make an order authorising the trustee to distribute trust property— (a) as if a potential beneficiary or a class of potential beneficiaries does not exist or never existed or has died before a date or an event specified; and (b) if, because of the order, it is not possible or practicable to determine whether any condition or requirement affecting a beneficial interest in the property or any part of it has been complied with or fulfilled, as if that condition or requirement had been or had not been complied with or fulfilled. (2) The court may make an order only if it is satisfied that— (a) reasonable measures have been taken to bring to the notice of the potential beneficiary or beneficiaries their potential beneficial interest or interests; and (b) at least 60 days have passed since the last of those measures was taken; and (c) no potential beneficiary with respect to whom an order is sought has come to the attention of the trustee as a result of those measures, or the claim of any such beneficiary may be disregarded in the circumstances. Compare: 1956 No 61 s 76