Trustee Act, 1931
What is this act about?
This law addresses difficulties in appointing new trustees or exercising trustee powers when a relevant office, title, or dignity has ceased to exist. It allows the High Court to make orders to resolve these issues.
Who it applies to: Trustees and trusts where an office, title, or dignity relevant to the trust has ceased to exist; The High Court, which is empowered to make orders under this Act.
At a glance
- Country
- Ireland
- Area of law
- Procedural law
- Articles
- 6
- Source
- irishstatutebook.ie
- Text retrieved
- Explanation updated
What does this act regulate?
- The appointment of new trustees when the original trustee's office no longer exists.
- The appointment of new trustees when the person who had the power to appoint them held an office that no longer exists.
- The exercise of trustee powers that required the consent or approval of someone holding an office that no longer exists.
- How this Act relates to the Trustee Act, 1893.
Who does this act apply to?
- Trustees and trusts where an office, title, or dignity relevant to the trust has ceased to exist.
- The High Court, which is empowered to make orders under this Act.
What are the key points?
- The High Court can appoint a new trustee if the original trustee's office has ceased to exist.
- The High Court can appoint the holder of a new, specified office to act as a trustee, provided that person consents.
- If the power to appoint new trustees was held by someone whose office no longer exists, the High Court can vest this power in the holder of a new, specified office, with their consent.
- If a trustee's power (like a power of sale) requires consent from someone whose office no longer exists, the High Court can either give that consent directly or appoint the holder of a new, specified office to provide it, with their consent.
Procedural law
Legal text
Legal text
Trustee Act, 1931 Skip to content Disclaimer Feedback Helpdesk Gaeilge Léim go dtí an t-ábhar Séanadh Aiseolas Deasc chabhrach English Gaeilge English Produced by the Office of the Attorney General Táirgthe ag Oifig an Ard-Aighne Home Legislation Acts of the Oireachtas Statutory Instruments Pre-1922 Legislation Constitution External Resources Bills (Houses of the Oireachtas) Iris Oifigiúil / Official Gazette Revised Acts (LRC) Classified List of Legislation (LRC) Translations (acts.ie) Translations (Houses of the Oireachtas) Government Publications for Sale EU Law (EUR-Lex) FAQ Disclaimer Feedback Helpdesk Search Baile Reachtaíocht Achtanna an Oireachtais Ionstraimí Reachtúla Reachtaíocht Réamh-1922 Bunreacht Acmhainní Seachtracha Billí (Tithe an Oireachtais) Iris Oifigiúil Achtanna Athbhreithnithe (CAD) (An Coimisiún um Athchóiriú an Dlí) Liosta Rangaithe Reachtaíochta Aistriúcháin (achtanna.ie) Aistriúcháin (Tithe an Oireachtais) Foilseacháin Rialtais ar Díol Dlí AE (EUR-Lex) CCanna (Ceisteanna Coitianta) Séanadh Aiseolas Deasc chabhrach Cuardach TitleTeideal Year(s) or rangeBliain nó blianta nó raon TypeCineál All Legislation Acts Statutory Instruments Advanced SearchCuardach Casta HomeBaile ActsAchtanna 1931 Trustee Act, 1931 Trustee Act, 1931 Permanent Page URL View by SectionAmharc de réir Ailt View Full ActAmharc ar an Acht Iomlán Bill History Stair Bille Commencement, Amendments, SIs made under the Act Tosach Feidhme, Leasuithe, IRí arna ndéanamh faoin Acht Print Full ActPriontáil an tAcht Iomlán Number 20 of 1931.
TRUSTEE ACT, 1931.
ARRANGEMENT OF SECTIONS Section
Section 1
Definitions.
Section 2
Construction.
Section 3
Appointment of new trustee in place of the holder of an extinct office.
Section 4
Appointment of new trustees where the appointer is the holder of an extinct office.
Section 5
Exercise of powers subject to consent of the holder of an extinct office.
Section 6
Short title and citation.
Act Referred to Adaptation of Enactments Act, 1922 No. 2 of 1922 Number 20 of 1931.
TRUSTEE ACT, 1931.
AN ACT TO MAKE PROVISION FOR THE APPOINTMENT OF NEW TRUSTEES AND FOR THE EXERCISE OF POWERS BY TRUSTEES IN CERTAIN CASES WHERE DIFFICULTIES IN REGARD TO SUCH APPOINTMENT OR EXERCISE ARE OCCASIONED BY REASON OF AN OFFICE, TITLE, OR DIGNITY HAVING CEASED TO EXIST. [8th July, 1931] BE IT ENACTED BY THE OIREACHTAS OF SAORSTÁT EIREANN AS FOLLOWS:— Definitions.
1.—In this Act— the word “office” includes any office, post, or situation, whether paid or unpaid, and any title or dignity; the word “instrument” includes an Act of the Parliament of Ireland, an Act of the United Kingdom Parliament, and an Act of the Oireachtas; the words “trust” and “trustee” have the meanings assigned to them respectively by section 50 of the Trustee Act, 1893 .
Construction.
2.—This Act shall be read and construed as one with the Trustee Act, 1893 , and accordingly every order made by the High Court under this Act shall, for the purpose of the Trustee Act, 1893, be deemed to be an order made under that Act.
Appointment of new trustee in place of the holder of an extinct office.
3.—(1) The power of the High Court under section 25 of the Trustee Act, 1893 to make an order appointing a new trustee or new trustees shall extend to every case in which the holder for the time being of an office was, by the instrument creating the trust or an order under this section or otherwise, constituted to be a trustee by virtue of and during his tenure of such office, and such office has ceased to exist, whether such cesser occurred before or after or by reason of the establishment of Saorstát Eireann or before or after the passing of this Act.
Appointment of new trustees where the appointer is the holder of an extinct office.
4.—(1) The power of the High Court under section 25 of the Trustee Act, 1893 to make an order appointing a new trustee or new trustees shall extend to every case in which the power of appointing or nominating or of consenting to or approving of the appointment of new trustees is, by the instrument creating the trust or an order under this section or otherwise, vested either solely or in conjunction with another person or other persons in the holder for the time being of an office and such office has ceased to exist, whether such cesser occurred before or after or by reason of the establishment of Saorstát Eireann or before or after the passing of this Act.
Exercise of powers subject to consent of the holder of an extinct office.
5.—(1) Where a power of sale or any other power (except a power of appointing new trustees), whether special or general, vested in any trustees is, by the instrument creating the trust or otherwise, exercisable only with the consent or at the request or subject to the approval of the holder for the time being of a particular office (either alone or in conjunction with another person or other persons) and such office has ceased to exist, whether such cesser occurred before or after or by reason of the establishment of Saorstát Eireann or before or after the passing of this Act, the High Court may, on the application of such trustees, either— (a) make an order consenting to, requesting, or approving of (as the case may require) any particular exercise of such power by such trustees, or (b) make an order appointing the holder for the time being of a specified office to be, by virtue of and during his tenure of such office and in place of the holder of the said office which has ceased to exist, the person or one of the persons entitled to consent to, request, or approve of (as the case may require) the exercise of such power by such trustees.
Short title and citation.
6.—(1) This Act may be cited as the Trustee Act, 1931.
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