20. Devolution of powers or trusts

Where a power or trust is given to or imposed on 2 or more trustees jointly, the same may be exercised or performed by the survivors or survivor of them for the time being.

Until the appointment of new trustees, the personal representatives or representative for the time being of a sole trustee, or, where there were 2 or more trustees, of the last surviving or continuing trustee, is capable of exercising or performing any power or trust which was given to, or capable of being exercised by, the sole or last surviving or continuing trustee, or other trustees or trustee for the time being of the trust.

This section takes effect subject to the restrictions imposed in regard to receipts by a sole trustee, not being a trust corporation.

In this section, “personal representative” does not include an executor who has renounced or has not proved.