Sri Lanka Consolidated Acts

[Index] [Table] [Database Search] [Name Search] [Previous] [Next] [Help]

Public Trustee (Amendment) Act (No. 61 of 1988) - Sect 4

Insertion of new sections 25A and 25B in the principal enactment

4. The following new sections are hereby inserted immediately after section 25 of the principal enactment, and shall have effect as sections 25A and 25B of that enactment:
25A.
(1) Where the Public Trustee makes an application for probate or letters of administration in respect of the estate of the deceased person, he may at the same time make an application for an order authorising him to take provisional possession of the movable and immovable property of the estate (in this section referred to as an " order for provisional possession ").
(2) The court may make an order for provisional possession of an estate at the stage when it enters an order nisi in the application by the Public Trustee for the issue of probate or letters of administration in respect of that estate. If the court at any stage discharges such order nisi, it shall also cancel the order for provisional possession.
(3) Where the Public Trustee takes possession of the movable and immovable property of an estate of a deceased person by virtue of an order for provisional possession, he shall hold such property in trust for the heirs of the estate.
25B. Where the Public Trustee has reason to believe that the managing trustee of any trust of which he has been appointed custodian trustee has, in the exercise of the powers of management or any other power of discretion vested in such trustees, committed a breach of such trust, he may institute an action in the District Court within the local limits of whose civil jurisdiction the whole or any part of the subject matter of the trust is held or situate, to obtain a decree
(a) directing the removal of any trustee;
(b) directing accounts and inquiries ;
(c) declaring what proportion of the trust property or of the interest therein, shall be allocated to any particular object of the trust;
(d) authorizing the whole or any part of the trust property to be let, sold, mortgaged or exchanged ;
(e) settling a scheme for the management ' of the trust;
(f) directing the specific performance of any act by any trustee;
(g) appointing the Public Trustee as the sole trustee; and
(h) granting such other or further relief as the nature of the case may warrant.'.

[Index] [Table] [Database Search] [Name Search] [Previous] [Next] [Help]