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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.