s.46Exoneration of trustees in respect of certain powers of attorney
46
Section 46Part 1Trusts Act

Exoneration of trustees in respect of certain powers of attorney

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A trustee acting or paying money in good faith under or in pursuance of any power of attorney shall not be liable for any such act or payment by reason of the fact that at the time of the act or payment the person who gave the power of attorney was subject to any disability, bankrupt or dead, or had done or suffered some act or thing to avoid the power, if this fact was not known to the trustee at the time of that person so acting or paying: Provided that —
nothing in this section shall affect the right of any person entitled to the money against the person to whom the payment is made; and
the person so entitled shall have the same remedy against the person to whom the payment is made as that person would have had against the trustee.