Section 59 — Trusts Act 2019: Matters which trustee may consider in exercising power to invest

59 Matters which trustee may consider in exercising power to invest (1) A trustee exercising any power to invest may have regard to the following matters, so far as they are appropriate to the circumstances of the trust: (a) the objectives of the trust or the permitted purpose of the trust: (b) the desirability of diversifying trust investments: (c) the nature of existing trust investments and other trust property: (d) the need to maintain the real value of the capital or income of the trust: (e) the risk of capital loss or depreciation: (f) the potential for capital appreciation: (g) the likely income return: (h) the length of the term of the proposed investment: (i) the probable duration of the trust: (j) the marketability of the proposed investment during, and on the expiry of, the term of the proposed investment: (k) the aggregate value of the trust property: (l) the effect of the proposed investment in relation to the tax liability of the trust: (m) the likelihood of inflation affecting the value of the proposed investment or other trust property: (n) the trustee’s overall investment strategy. (2) This section does not limit the matters that a trustee may take into account. Compare: 1956 No 61 s 13E