On 24/05/2013,
you requested for the version in force on 24/05/2013
incorporating all amendments published on or before 24/05/2013.
The closest version currently available is that of 31/07/2005.
Indemnities
28.
—(1) This section applies to a personal representative or trustee liable as such for —
(a)
any rent, covenant or agreement reserved by or contained in any lease;
(b)
any rent, covenant or agreement payable under or contained in any grant made in consideration of a rentcharge; or
(c)
any indemnity given in respect of any rent, covenant or agreement referred to in paragraph (a) or (b).
(2) Where a personal representative or trustee referred to in subsection (1) —
(a)
satisfies all liabilities under the lease or grant which may have accrued and been claimed, up to the date of any conveyance mentioned in paragraph (i); and
(b)
where necessary, sets apart a sufficient fund to answer any future claim that may be made in respect of any fixed and ascertained sum which the lessee or grantee agreed to lay out on the property demised or granted, although the period for laying out the same may not have arrived,
then and in any such case the personal representative or trustee —
(i)
may convey the property demised or granted to a purchaser, legatee, devisee, or other person entitled to call for a conveyance thereof; and
(ii)
thereafter, may distribute the residuary estate of the deceased testator or intestate, or, as the case may be, the trust estate (other than the fund, if any, set apart as referred to in paragraph (b)) to or amongst the persons entitled thereto, without appropriating any part, or any further part, as the case may be, of the estate of the deceased or of the trust estate to meet any future liability under the lease or grant.
(3) Notwithstanding any distribution referred to in subsection (2)(ii), the personal representative or trustee shall not be personally liable in respect of any subsequent claim under the lease or grant.
(4) This section shall operate without prejudice to the right of the lessor or grantor, or the persons deriving title under the lessor or grantor, to follow the assets of the deceased or the trust property into the hands of the persons amongst whom the same may have been respectively distributed, and shall apply notwithstanding anything to the contrary in the will or other instrument, if any, creating the trust.
(5) In this section —
“grant” applies to a grant whether the rent is created by limitation, grant, reservation, or otherwise, and includes an agreement for a grant and any instrument giving any such indemnity as mentioned in subsection (1) or varying the liabilities under the grant;
“lease” includes an underlease and an agreement for a lease or underlease and any instrument giving any such indemnity as mentioned in subsection (1) or varying the liabilities under the lease;
“lessee” and “grantee” include persons respectively deriving title under them.
[UK Trustee 1925, s. 26; Trustees Ordinance 1955 Ed., s. 28]
29.
—(1) With a view to the conveyance to or distribution among the persons entitled to any movable or immovable property, the trustees or personal representatives may give notice by advertisement in the Gazette, and such other like notices, including notices elsewhere than in Singapore, as would, in any special case, have been directed by a court of competent jurisdiction in an action for administration, of their intention to make such conveyance or distribution and requiring any person interested to send to the trustees or personal representatives within the time, not being less than 2 months, fixed in the notice or, where more than one notice is given, in the last of the notices, particulars of his claim in respect of the property or any part thereof to which the notice relates.
(2) At the expiration of the time fixed by the notice the trustees or personal representatives may convey or distribute the property or any part thereof to which the notice relates, to or among the persons entitled thereto, having regard only to the claims whether formal or not, of which the trustees or personal representatives then had notice and shall not, as respects the property so conveyed or distributed, be liable to any person of whose claim the trustees or personal representatives have not had notice at the time of conveyance or distribution.
(3) Nothing in this section shall —
(a)
prejudice the right of any person to follow the property, or any property representing the same, into the hands of any person, other than a purchaser, who may have received it; or
(b)
free the trustees or personal representatives from any obligation to make searches similar to those which an intending purchaser would be advised to make or obtain.
(4) This section shall apply notwithstanding anything to the contrary in the will or other instrument, if any, creating the trust.
[UK Trustee 1925, s. 27; Trustees Ordinance 1955 Ed., s. 29]
30. A trustee or personal representative acting for the purposes of more than one trust or estate shall not, in the absence of fraud, be affected by notice of any instrument, matter, fact or thing in relation to any particular trust or estate if he has obtained notice thereof merely by reason of his acting or having acted for the purposes of another trust or estate.
[UK Trustee 1925, s. 28; Trustees Ordinance 1955 Ed., s. 30]
31.
—(1) 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 or 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 his so acting or paying.
(2) Nothing in this section shall affect the right of any person entitled to the money against the person to whom the payment is made.
(3) The person so entitled shall have the same remedy against the person to whom the payment is made as he would have had against the trustee.
[Trustees Ordinance 1955 Ed., s. 31]
32. A trustee shall —
(a)
be chargeable only for money and securities actually received by him notwithstanding his signing any receipt for the sake of conformity; and
(b)
be answerable and accountable only for his own acts, receipts, neglects or defaults, and not for those of any other trustee, or of any banker, broker or other person with whom any trust money or securities may be deposited, nor for the insufficiency or deficiency of any securities, nor for any other loss, unless the same happens through his own wilful default.
[UK Trustee 1925, s. 30; Trustees Ordinance 1955 Ed., s. 32]