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Section 39: Duty to act together

Trusts Act · PART V: DUTIES OF TRUSTEES

consolidated text (as at 2012, amended since). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.

39. Duty to act together (1) Subject to the terms of the trust, where there is more than one trustee, all the trustees shall join in performing the trust. (2) Subject to subsections (3) and (4), where there is more than one trustee, no functions given to the trustees shall be exercised unless all the trustees agree on its exercise. (3) The terms of a trust may empower the trustees to act individually or by a majority with respect to the exercise of some or all of the functions conferred on the trustees or to delegate the exercise of these functions to one or more trustees. (4) A trustee who dissents from a decision of the majority may require his dissent to be recorded in writing.

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