Section 39 — Trusts Act 2019: Adviser must alert settlor to modification or exclusion of default duty

39 Adviser must alert settlor to modification or exclusion of default duty (1) This section applies to a person who— (a) is paid to— (i) advise on the creation of a trust; or (ii) prepare the terms of a trust; and (b) recommends that the initial settlor should, or causes the initial settlor to, modify or exclude 1 or more default duties in the terms of the trust. (2) Before the creation of the trust, a person to whom this section applies must take reasonable steps to ensure that the initial settlor is aware of the meaning and effect of the modification or exclusion. (3) Failure to comply with subsection (2) does not of itself invalidate the modification or exclusion in the terms of the trust. (4) In this section, initial settlor means the settlor who initially creates the trust or causes the trust to be created.