30 Who are trustees for purposes of Act.E+W
(1)Subject to the provisions of this Act, the following persons are trustees of a settlement for the purposes of this Act, and are in this Act referred to as the “trustees of the settlement” or “trustees of a settlement,” namely—
(i)the persons, if any, who are for the time being under the settlement, trustees with power of sale of the settled land (subject or not to the consent of any person), or with power of consent to or approval of the exercise of such a power of sale, or if there are no such persons; then
(ii)the persons, if any, for the time being, who are by the settlement declared to be trustees thereof for the purposes of the Settled Land Acts, 1882 to 1890, or any of them, or this Act, or if there are no such persons; then
(iii)the persons, if any, who are for the time being under the settlement trustees with [F1a power or duty to sell] of any other land comprised in the settlement and subject to the same limitations as the land to be sold or otherwise dealt with, or with power of consent to or approval of the exercise of such power of sale, or, if there are no such persons; then
(iv)the persons, if any, who are for the time being under the settlement trustees with [F2a future power or duty to sell] the settled land, or with power of consent to or approval of the exercise of such a future power of sale, and whether the power [F3or duty] takes effect in all events or not, or, if there are no such persons; then
(v)the persons, if any, appointed by deed to be trustees of the settlement by all the persons who at the date of the deed were together able, by virtue of their beneficial interests or by the exercise of an equitable power, to dispose of the settled land in equity for the whole estate the subject of the settlement.
(2)Paragraphs (i) (iii) and (iv) of the last preceding subsection take effect in like manner as if the powers therein referred to had not by this Act been made exercisable by the tenant for life or statutory owner.
(3)Where a settlement is created by will, or a settlement has arisen by the effect of an intestacy, and apart from this subsection there would be no trustees for the purposes of this Act of such settlement, then the personal representatives of the deceased shall, until other trustees are appointed, be by virtue of this Act the trustees of the settlement, but where there is a sole personal representative, not being a trust corporation, it shall be obligatory on him to appoint an additional trustee to act with him for the purposes of this Act, and the provisions of the Trustee Act, 1925, relating to the appointment of new trustees and the vesting of trust property shall apply accordingly.
Textual Amendments
F1Words in s. 30(1)(iii) substituted (1.1.1997) by 1996 c. 47, s. 25(1), Sch. 3 para. 2(9)(a)(with ss. 24(2), 25(4)(5)); S.I. 1996/2974, art.2
F2Words in s. 30(1)(iv) substituted (1.1.1997) by 1996 c. 47, s. 25(1), Sch. 3 para. 2(9)(b)(i)(with ss. 24(2), 25(4)(5)); S.I. 1996/2974, art.2
F3Words in s. 30(1)(iv) substituted (1.1.1997) by 1996 c. 47, s. 25(1), Sch. 3 para. 2(9)(b)(ii)(with ss. 24(2), 25(4)(5)); S.I. 1996/2974, art.2