Part 1Trusts

Chapter 3Powers and duties of trustees

Powers: general

15General powers of trustees

(1)

Except in so far as the trust deed expressly provides otherwise (or, in a case where there is no trust deed, the context requires or implies otherwise) the trustees have in relation to the trust property all the powers of a natural person beneficially entitled to the property.

(2)

But this section is without prejudice to—

(a)

a trustee’s fiduciary duty (including a trustee’s duty to fulfil the trust purposes),

(b)

a trustee’s duty of care, and

(c)

any restriction or exclusion imposed by or under this Act or any other enactment.

(3)

This section applies irrespective of when the trust was created.