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The Laws of Fiji
Last Updated: 21 March 2018

[SPA 16] Power to appoint trustees of infant's property16 

16
(1) Subject to the provisions of subsection (5), where an infant is absolutely entitled under the will or on the intestacy of a deceased person who dies before or after the commencement of this Act to a devise or legacy, or to the residue of the estate of the deceased, or any share therein, and that devise, legacy, residue or share is not, under the will, if any, of the deceased, devised or bequeathed to trustees for the infant, the personal representative of the deceased may appoint a trustee corporation or 2 or more individuals not exceeding 4 (whether or not including the personal representative or one or more of them) to be the trustee or trustees of that devise, legacy, residue or share for the infant, and may execute or do any assurance, act or thing requisite for vesting that devise, legacy, residue or share in the trustee or trustees so appointed.
(2) On the vesting of the devise, legacy, residue or share, mentioned in subsection (1) in the trustee or trustees appointed under the provisions of that subsection, the personal representatives as such are discharged from all further liability in respect of that devise, legacy, residue or share.
(3) Trustees appointed under the provisions of subsection (1) may retain any property, transferred to them pursuant to the provisions of this section, in its existing condition or state of investment, or may convert it into money, and upon conversion shall invest the money in any of the securities or property authorised for the investment of trust funds.
(4) Where a personal representative has, before the commencement of this Act, retained or sold any such devise, legacy, residue or share as is mentioned in subsection (1), and has invested it or the proceeds thereof in any investments in which he or she was authorised to invest money subject to the trust, then, subject to any order of the court made before that date, he or she shall be deemed not to have incurred any liability on that account or by reason of not having paid or transferred the money or property into court.
(5) The power of appointing trustees conferred upon personal representatives by this section is subject to any direction or restriction contained in the will of the deceased.