Full legislation
s.56
Power of court to authorize dealing with trust property
(1)
Where 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 by order confer upon the trustees,
either generally or in any particular instance, the necessary power for the purpose,
on such terms, and subject to such provisions and conditions, if any, as the court
may think fit and may direct in what manner any money authorized to be expended, and
the costs of any transaction, are to be paid or borne as between capital and
income.
(2)
The court may, from time to time, rescind or vary any order under this section,
or may make any new or further order.
(3)
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.
[cf. 1925 c. 19 s. 57 U.K.]