Duties of Trustees - Delegation - Individual delegation

4 important questions on Duties of Trustees - Delegation - Individual delegation

What is the difference between individual delegation and collective delegation? Individual delegation is covered by which acts?

Individual delegation happens when a trustee is unable to act as a trustee for a long period of time (going abroad) so they appoint an agent (an attorney - appointing someone else to do something) to take over the trustee's duties. Individual delegation is covered by the Trustee Act 1925, The Powers of Attorney Act 1971, and the Trustee Delegation Act 1999.

What type of notice must the donor give when appointing a power of attorney under section 25(4) Trustee Act 1925?

Give written notice to the other trustees and to anyone the trust gives the power to appoint new trustees.

If the attorney defaults by causing loss to the trust, will the donor trustee be held liable under section 25(7) Trustee Act 1925?

The donor will be vicariously liable for the attorney's defaults as if they were the donor's own acts.
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Can a trustee who is unable to act as a trustee for a long period of time appoint the only remaining trustee as an attorney?

Yes, a sole co-trustee can be appointed an attorney.

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