Section 79
of International Trusts Order, 2000
Section 79
(1)
A beneficiary of a special trust does not as such have standing to enforce the trust, or an enforceable right against the trustee or an enforcer, or an enforceable right to the trust property.
46
BLUV as at 16th December 2010
(2)
The only persons who have standing to enforce a special trust are such persons, whether or not beneficiaries or settlors, as are appointed to be its enforcers –
(a)
by the trust instrument; or
(b)
under provisions of the trust instrument for appointing new enforcers; or
(c)
by the Court under section 80.
(3)
The trust instrument of a special trust may either confer a power or impose a duty on an enforcer to enforce the trust.
(4)
If the trust instrument does not provide that an enforcer is to have only a power to enforce the trust then the enforcer has a duty to do so.
(5)
A power or duty to enforce a trust is presumed, subject to evidence of a contrary intention, to extend to every trust which is created by or on the terms of the same instrument, or pursuant to a power so created.
(6)
This section does not affect –
(a)
the enforcement, by a trustee, an enforcer or any other person involved in the administration of a trust, of a right to remuneration, indemnity or the payment of expenses out of trust property; or
(b)
the enforcement of a trustee’s duties by a co-trustee or a successor trustee.
Appointment of enforcers.