General powers of the Court

(1) On the application of a trustee, a beneficiary, a settlor or his personal representatives, a protector, in the case of a trust established for a charitable purpose, the Attorney General or, with the leave of the Court, any other person, the Court may– (a) make an order in respect of– (i) the execution, administration or enforcement of a trust; (ii) a trustee, including an order as to the exercise by a trustee of his functions, the removal of a trustee, the appointment, remuneration or conduct of a trustee, the keeping and submission of accounts, and the making of payments, whether into Court or otherwise; (iii) a including an order appointing a protector; (iv) a beneficiary, or any person connected with a trust; or (v) any trust property, including an order as to the vesting, preservation, application, surrender or recovery thereof; 45 (b) make a declaration as to the validity or enforceability of a trust; (c) direct the trustee to distribute, or not to distribute, the trust property; (d) make such order in respect of the termination of the trust and the distribution of the property as it thinks fit; or (e) rescind or vary an order or declaration under this Act, or make a new or further order or declaration. (2) Where the Court appoints or removes a trustee under this section– (a) it may impose such requirements and conditions as it thinks fit, including provisions as to remuneration and requirements or conditions as to the vesting of trust property; and (b) subject to the Court’s order, a trustee appointed by the Court has the same functions, and may act in all respects, as if he had been originally appointed a trustee. (3) If a person does not comply with an order of the Court under this Act requiring him to do anything, the Court may, on such terms and conditions as it thinks fit, order that the thing be done by another person, nominated for the purpose by the Court, at the expense of the person in default, or otherwise, as the Court directs, and a thing so done has effect in all respects as if done by the person in default.