Full legislation
s.24
Reversionary interests, valuations, and audit
(1)
Where trust property includes any share or interest in property not vested in
the trustees, or the proceeds of sale of any such property, or any other thing in
action, the trustees on the same falling into possession, or becoming payable or
transferable
may—
(a)
agree or ascertain the amount or value thereof or any part thereof in such
manner as they may think fit;
(b)
accept in or towards satisfaction thereof, at the market or current value,
or upon any valuation or estimate of value which they may think fit, any
authorized investments;
(c)
allow any deductions for duties, costs, charges and expenses which they may
think proper or reasonable;
(d)
execute any release in respect of the premises so as effectually to
discharge all accountable parties from all liability in respect of any matters
coming within the scope of such release,
without being responsible in any such case for any loss occasioned by any act
or thing done by them under this section if the trustees have discharged the
statutory duty of care in doing so.
(2)
The trustees shall not be under any obligation and shall not be chargeable with
any breach of trust by reason of any
omission—
(a)
to apply for any stop or other like order upon any securities or other
property out of or on which such share or interest or other thing in action as
referred to in subsection (1) is derived, payable or charged; or
(b)
to take any proceedings on account of any act, default, or neglect on the
part of the persons in whom such securities or other property or any of them or
any part thereof are for the time being, or had at any time been,
vested,
unless and until required in writing so to do by some person, or the guardian
of some person, beneficially interested under the trust, and unless also due
provision is made to their satisfaction for payment of the costs of any proceedings
required to be
taken.
(2A)
Subsection (2) does not relieve the trustees of the obligation to get in and
obtain payment or transfer of such share or interest or other thing in action on its
falling into possession.
(Added
13 of 2013 s. 17
)
(3)
Trustees may, for the purpose of giving effect to the trust, or any of the
provisions of the instrument, if any, creating the trust or of any statute, from
time to time (by duly qualified agents) ascertain and fix the value of any trust
property in such manner as they think proper, and any valuation made by them under
this section is binding on all persons interested under the trust if the trustees
have discharged the statutory duty of care in making the valuation.
(4)
Trustees may, in their absolute discretion, from time to time, but not more
than once in every year unless the nature of the trust or any special dealings with
the trust property make a more frequent exercise of the right reasonable, cause the
accounts of the trust property to be examined or audited by an independent
accountant, and shall, for that purpose, produce such vouchers and give such
information to the accountant as the accountant may require.
(5)
The costs of the examination or audit referred to in subsection (4), including
the fee of an auditor, are to be paid out of the trust funds.
(Added
13 of 2013 s. 17
)