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Trustee Act 2000

Trustee Act 2000

2000 CHAPTER 29

Commentary on Sections

Part V: Remuneration

Section 33: Application

114.The provisions will not apply until they are in force.  When the provisions are in force, they will apply in relation to trusts whenever created.  The services to which the provisions will apply are services provided either before or after the commencement of the  provisions, but the only expenses to which the provisions will apply are expenses incurred after (not before) the commencement of the previsions.   They do not affect the operation of either section 15 of the Wills Act 1837 or section 34(3) of the Administration of Estates Act 1925 in relation to deaths occurring before they come into force (section 33(2)).  See the notes to section 28(4) for a description of sections 15 and 34(3).

115.Remuneration and expenses payable under these clauses may be paid out of the income or capital funds of the trust (see the definition of “trust funds” in section 39(1)).

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