Trusts and Trustees Act (Cap. 331), article 37

37. (1) A trustee may apply to the court for directives concerning the manner in which he may or should act in connecti on with any matter concerning the trust; and the court may make su ch order, if any, as it thinks fit. (2) The court may also, if it thinks fit - (a) make an order concerning - (i) the execution or the administration of any trust; or 30 CAP. 331.] TRUSTS AND TRUSTEES (ii) the trustee of any trust, including an order relating to the exercise of any power, discretion or duty of the trustee, the appointment or removal of a trustee, the remuneration of a trustee, the submission of accounts, the conduct of the trustee and any payments into court; or (iii) any beneficiary or any person having any connection with the trust; (b) make any declaration as to the validity or enforcement of a trust, the existence of any resulting or constructive trust, breach of trust or failure of a trust; (c) rescind or vary any order or declaration made under this Act, or make any new or further order or declaration. (3) An application to the court for an order or declaration unde r subarticle (2) may be made by th e trustee or by any beneficiary or by the Attorney General or by any other person having a lawful interest: Provided that in cases where the duty to inform a beneficiary of his interest in a trust has been suspended in te rms of article 29 and until such suspension is in force, and in the ab sence of a protector of a trust, the settlor of a trust may also make an application to the Court in terms of this subarticle. Whilst de aling with such application the Court may determine whether the suspension of rights to informat ion as aforesaid be maintained in force in full or in part for all or some of the beneficiaries. (4) Where the court makes an order for the appointment of a trustee it may impose such conditions as it thinks fit, includi ng conditions as to the vest ing of trust property. (5) Subject to any order of the court, a trustee appointed by th e court under this article shall ha ve the same powers, discretion s and duties as if he had been ori ginally appointed a trustee. Order as a result of bad faith. Added by: XIII. 2004.24.