Chapter 12
Other powers of the court

Application to existing trusts

12.44The new provisions recommended in this chapter should apply in respect of trusts settled before as well as those settled after the provisions come into force. Specific transitional arrangements will need to be made for dealing with situations where proceedings are already before the court, or trustees have begun other actions, such as advertising under section 35 of the existing provisions. Any final decision about how existing proceedings under the Trustee Act are addressed should be resolved in the course of preparing a draft Bill.