| 单词 | Trust power |
| 释义 | 信託權力 1. The power conferred on a trustee in order to enable him to carry out his duties. The powers conferred by the Trustee Ordinance (Cap 29) on trustees are in addition to the powers conferred by the instrument, if any, creating the trust, but those powers, unless otherwise stated, apply if and so far only as a contrary intention is not expressed in the instrument, if any, creating the trust, and have effect subject to the terms of that instrument: Trustee Ordinance (Cap 29) s 3(2). Such powers include power to sell property (trust for sale, s 13); power to give receipts in writing (s 15); power to do other acts (s 16); power to renew leases and raise money for that purpose (s 17); power to raise money by sale, conversion or mortgage (s 18); power to insure the trust property against loss (s 21); and power to employ agents to transact any business or do any acts in execution of the trust (s 25). 2. The fiduciary power given to a trustee under a discretionary trust, which the trustee is obliged to exercise. For a trust power to be valid, it must be possible to say with certainty whether any individual is a member of the class under the trust. It must also be practicable such that it can be executed under the control of the court. That is, it must not be so wide as not to form anything like a class: McPhail v Doulton [1971] AC 424. A trust power is distinguished from a bare power. See also Bare power; Power of appointment. |
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