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2163.   Power to employ agents

Revised Laws of Saint Lucia (2021)

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2163.   Power to employ agents

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    (1)   Trustees or personal representatives may, instead of acting personally, employ and pay an agent, whether a solicitor, banker, stockbroker or other person, to transact any business or do any act required to be transacted or done in the execution of the trust, or the administration of the testator's or intestate's estate, including the receipt and payment of money, and shall be entitled to be allowed and paid all charges and expenses so incurred, and shall not be responsible for the default of any such agent if employed in good faith.

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    (2)   Trustees or personal representatives may appoint any person to act as their agent or attorney for the purpose of selling, converting, collecting, getting in, and executing and perfecting insurances of, or managing or cultivating or otherwise administering any property, real or personal, movable or immovable, subject to the trust or forming part of the testator's or intestate's estate, in any place outside Saint Lucia or executing or exercising any discretion or trust or power vested in them in relation to any such property, with such ancillary powers, and with and subject to such provisions and restrictions as they may think fit, including a power to appoint substitutes, and shall not, by reason only of their having made such appointment, be responsible for any loss arising thereby.

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    (3)   Without prejudice to such general power of appointing agents as aforesaid—

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      (a)     a trustee may appoint a solicitor to be his or her agent to receive and give a discharge for any money or valuable consideration or property receivable by the trustee under the trust, by permitting the solicitor to have the custody of, and to produce, a deed having in the body thereof or endorsed thereon a receipt for such money or valuable consideration or property, the deed being executed, or the endorsed receipt being signed, by the person entitled to give a receipt for that consideration;

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      (b)     a trustee shall not be chargeable with breach of trust by reason only of his or her having made or concurred in making any such appointment; and the production of any such deed by the solicitor shall have the same validity and effect as if the person appointing the solicitor had not been a trustee;

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      (c)     a trustee may appoint a banker or solicitor to be his or her agent to receive and give a discharge for any money payable to the trustee under or by virtue of a policy of insurance, by permitting the banker or solicitor to have the custody of, and to produce, the policy of insurance with a receipt signed by the trustee, and a trustee shall not be chargeable with breach of trust by reason only of his or her having made or concurred in making any such appointment:

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    Provided that nothing in this paragraph shall exempt a trustee from any liability which he would have incurred if this Part had not been passed, in case he or she permits any such money, valuable consideration, or property to remain in the hands or under the control of the banker or solicitor for a period longer than is reasonably necessary to enable the banker or solicitor, as the case may be, to pay or transfer the same to the trustee.

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    This paragraph applies whether the money or valuable consideration or property was or is received before or after the commencement of this Part.

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