Section 100Part 1 — Trusts Act
Enforcers
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A beneficiary of a special trust does not, as such, have standing to enforce the trust, or an enforceable right against a trustee or an enforcer, or an enforceable right to the trust property.
The only persons who have standing to enforce a special trust are such persons, whether or not beneficiaries, as are appointed to be enforcers —
by or pursuant to the terms of the trust; or
by order of the court.
A right or duty to enforce a trust is presumed, subject to evidence of a contrary intention, to extend to every trust which is created by or on the terms of the same instrument, or pursuant to a power so created.
The court may, on the application of a trustee or an enforcer, appoint an enforcer —
if the terms of the trust require the appointment of an enforcer but —
it is impossible to make the appointment without the court ’ s assistance; or
it is difficult or inexpedient to make the appointment without the court ’ s assistance;
if an enforcer with a duty to enforce is unable, unwilling or unfit to do so; or
if there is no enforcer who is of full capacity and who —
is a beneficiary; or
has a duty to enforce and is fit and willing to do so.
In the circumstances described in paragraph (c) of subsection (4), the trustee shall, within thirty days apply, to the court for the appointment of an enforcer, or for the administration of the special trust under the direction of the court, or for such other order as the court shall think fit and, if a trustee knowingly fails to do so, that person commits an offence and is liable on summary conviction to a fine of ten thousand dollars.
Subsections (1) to (5) do not affect —
the enforcement, by a trustee, an enforcer or any other person involved in the administration of a trust, of a right to remuneration or indemnity; or
the enforcement of a trustee ’ s duties by a co-trustee or a successor trustee.
Section 83 does not apply to special trusts.