Trustee Act 1958 (Vic)

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Version No. 127

Trustee Act 1958

No. 6401 of 1958

Version incorporating amendments as at


1 September 2023

TABLE OF PROVISIONS

Section  Page

Part IA—Preliminary

1Short title and commencement

2Repeals, savings and application of Act

3Definitions

Part I—Investments

4Application of Part

5Investments of trust funds

6Duties of trustee in respect of power of investment

7Law and equity preserved

8Matters to which trustee must have regard in exercising power of investment

9Powers of trustee in relation to securities

9AInvestment in securities under RITS system

10Power of trustee as to calls on shares

11Power to purchase dwelling house as residence for beneficiary

12Power of trustee to retain investments

12ALoans and investments by trustees not breaches of trust in certain circumstances

12BLimitation of liability of trustee for loss on improper investments

12CFactors Court may take into account in action for breach of trust

12DPower of Court to set off gains and losses arising from investment

12EHousing loans by trustees

12FTransitional provision

Part II—General powers of trustees and personal representatives

Division 1—General powers

13Power of trustees to sell by auction etc.

14Duration of trust or power to sell

15Power to sell subject to depreciatory conditions

16Mortgage on sale of land

17Deferred payment on sale of land

18Power to trustees to give receipts

19Power to compound liabilities

20Power to raise money by sale, mortgage etc.

21Protection to purchasers and mortgagees dealing with trustees

22Devolution of powers or trusts

23Power to insure

24Application of insurance money where policy kept up under any trust power or obligation

25Deposit of documents with bankers for safe custody

26Reversionary interests and valuations

27Audit

28Power to employ agents

29Power to concur with others

30Power to delegate trusts during absence abroad

31Trustee's power of appropriation

Division 2—Indemnities

32Protection against liability in respect of rents and covenants

33Protection by means of advertisements

34Personal representatives relieved from personal liability in respect of calls made after transfer of shares

35Protection in regard to notice when a person is trustee etc. of more than one estate or trust

36Implied indemnity of trustees

Division 3—Maintenance advancement and protective trusts

37Power to apply income for maintenance etc. and to accumulate surplus income during a minority

38Use of capital for maintenance education advancement and benefit of beneficiaries

39Protective trusts

Part III—Appointment and discharge of trustees

40Limitation of the number of trustees

41Power of appointing new or additional trustees

42Supplemental provisions as to appointment of trustees

43Evidence as to vacancy in a trust

44Retirement of trustee without a new appointment

45Vesting of trust property in new trustee or continuing trustees

46Disclaimer of trusts on renunciation of probate

47Trustee company obtaining grant to become trustee

Part IV—Powers of the Court

Division 1—Appointment of new trustees

48Power of Court to appoint new trustees

49Effect of order under the preceding section

50Powers of new trustee appointed by the Court

Division 2—Vesting orders

51Vesting orders

52In whom property to be vested etc.

53Orders as to contingent rights of unborn persons

54Vesting order in place of conveyance by minor or mortgagee with mental illness

55Vesting…

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.