Section 159 — Trusts Act 2019: Life tenant to have powers of trustee in certain cases

159 Life tenant to have powers of trustee in certain cases (1) This section applies in relation to land if— (a) there is no trustee of the land; but (b) the land is vested in a person (the life tenant ) who is entitled to possession of the land or entitled to receive rents and profits from the land for— (i) a life estate; or (ii) another limited estate. (2) The life tenant may (subject to subsection (4)) exercise all the powers of a trustee under this Act, and the court may confer on the life tenant all the powers that it could confer on a trustee under this Act. (3) Anything done by the life tenant in exercise of that power has the same force and effect as if it had been exercised by a trustee. (4) However, this section does not authorise the life tenant to sell the land or to raise money by a mortgage or other dealing with the land, unless the money paid on the sale or raised by the mortgage or other dealing is paid to a trustee who is duly appointed and entitled to receive it. Compare: 1956 No 61 s 88