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Commentary

101 Attorneys for trustees

POWERS OF ATTORNEY vol 31(2)

101 Attorneys for trustees

| Commentary

The system that applies to powers created before 1 March 2000 is different from that applying to powers created on or after that date1.

For powers created on or after that date, the position is straightforward: an attorney can only exercise trust functions of the donor if either:

  1. 101.1

        the trust functions relate to land in which the donor has a beneficial interest; or

  2. 101.2

        the enduring power was made under the Trustee Act 1925 Section 252.

For

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