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StatuteTrusts Act 2019

Section 74 — Trusts Act 2019: Role and appointment of special trust advisers

Text of the provision Official document

74 Role and appointment of special trust advisers (1) A special trust adviser— (a) may advise the trustee on any matter relating to the trust; but (b) is not a trustee of the trust and does not have the powers or duties of a trustee. (2) A special trust adviser may be appointed— (a) in, or in accordance with, the terms of the trust; or (b) by order of the court made on the application of— (i) a beneficiary or trustee; or (ii) a person on whose application the court would have the power to appoint a new trustee; or (c) by a person with the power to remove or to appoint trustees; or (d) in respect of property for which the court has jurisdiction under Part 3 of the Protection of Personal and Property Rights Act 1988, by order of the court made on the application of— (i) the manager or person authorised to administer the property; or (ii) a person specified in section 26 of that Act; or (e) in respect of property of a person subject to a property order made under the Protection of Personal and Property Rights Act 1988 , by order of the court made on the application of— (i) the manager of the property; or (ii) a person specified in section 26 of that Act. (3) In this section, manager and property order have the meanings given in section 2 of the Protection of Personal and Property Rights Act 1988. Compare: 1956 No 61 s 49(2), (3)(a), (b)

Official source: legislation.govt.nz

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Statutory text from an official public source. Informational content — does not replace advice from a qualified lawyer.