Trustees Act 1967 · 2020 Revised Edition · Part 5 · Powers of Court
56. Power of court to authorise dealings with trust property
Feedback & supportWhere in the management or administration of any property vested in trustees, any sale, lease, mortgage, surrender, release, or other disposition, or any purchase, investment, acquisition, expenditure, or other transaction, is in the opinion of the court expedient, but the same cannot be effected by reason of the absence of any power for that purpose vested in the trustees by the trust instrument (if any) or by law, the court may —
property
“property” includes movable and immovable property, and any estate, share and interest in any property, movable or immovable, and any debt, and any thing in action, and any other right or interest, whether in possession or not;
by order confer upon the trustees, either generally or in any particular instance, the necessary power for the purpose, on any terms, and subject to any provisions and conditions that the court thinks fit; and
direct in what manner any money authorised to be expended and the costs of any transaction are to be paid or borne as between capital and income.
The court may, from time to time, rescind or vary any order made under this section, or may make any new or further order.
court
“court” means the General Division of the High Court and includes, in any case where the trust concerned is an executorship or administratorship, a Family Court;
An application to the court under this section may be made by the trustees, or by any of them or by any person beneficially interested under the trust.