Singapore legislation
Clause 7
Clause 7
Amendment of section 7
Section 7 of the principal Act is amended by deleting subsections (1) and (2) (including the marginal note to the subsection) and substituting the following subsections:“(1) Subject to subsection (2B), a testator, a settlor or a court may appoint the Public Trustee by that name, or by any sufficient description, as if the Public Trustee were a private trustee —
to be trustee of any will, settlement or other instrument creating a trust; or
to perform any trust or duty belonging to a class which the Public Trustee is authorised by rules made under this Act to accept.(2) This section applies regardless of when the will, settlement or other instrument creating the trust or duty was made or came into operation.(2A) The Public Trustee may be appointed under subsection (1) —
as an original trustee; or
as a new trustee in place of or in addition to one or more trustees.(2B) No appointment under subsection (1) has effect unless the Public Trustee has given his written consent to the appointment.(2C) Where a court wishes to appoint the Public Trustee under subsection (1), the court must direct that an application for the written consent of the Public Trustee required under subsection (2B) be made by such person seeking the appointment of a trustee by the court as the court considers fit.(2D) Where no written consent has been given by the Public Trustee before his appointment, the Public Trustee may, at any time after he knows of the fact of his appointment, act as if the Public Trustee had given his written consent.(2E) Where the Public Trustee has been appointed a trustee of any trust, a co‑trustee may retire from the trust under and in accordance with the provisions of the Trustees Act (Cap. 337) but without such consent as is required by that Act, even if the Public Trustee becomes the sole trustee upon the retirement.”.