5 Delegation under section 25 of the Trustee Act 1925

Trustee delegation under section 25 of the Trustee Act 1925

5  Delegation under section 25 of the Trustee Act 1925

(1)     For section 25 of the Trustee Act 1925 substitute—

“25 Delegation of trustee's functions by power of attorney

(1)     Notwithstanding any rule of law or equity to the contrary, a trustee may, by power of attorney, delegate the execution or exercise of all or any of the trusts, powers and discretions vested in him as trustee either alone or jointly with any other person or persons.

(2)     A delegation under this section—

(a)     commences as provided by the instrument creating the power or, if the instrument makes no provision as to the commencement of the delegation, with the date of the execution of the instrument by the donor; and

(b)     continues for a period of twelve months or any shorter period provided by the instrument creating the power.

(3)     The persons who may be donees of a power of attorney under this section include a trust corporation.

(4)     Before or within seven days after giving a power of attorney under this section the donor shall give written notice of it (specifying the date on which the power comes

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