Trustee Act 1925

54 Jurisdiction of the High Court in regard to lunatics.

Where the High Court has power under this Part of this Act to make orders in relation to lunatics and defectives who are trustees, the Judge or Master in Lunacy shall, save as provided in this section, have no power to make such an order :

Provided that where—

(a) a lunatic or defective has become a trustee of mortgaged property merely by reason of the mortgage having been paid off;

(b) an order in lunacy is made authorising the exercise of a power to appoint a trustee;.

(c) an order in lunacy is made for giving effect to a contract made before the lunatic or defective was under disability;

(d) a lunatic or defective is beneficially entitled to some interest in the property but holds the property or some interest therein under an express, implied or constructive trust;

the High Court and the Judge or Master in Lunacy shall, in accordance with rules to be made by the Lord Chancellor, have concurrent jurisdiction.