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Section 34

Exoneration of trustees in respect of certain powers of attorney

of Trustee Act 1949

ActIn forceProvision 34 of 69
Section 34

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:

Provided that—

(a)

the money so paid or applied for the advancement or benefit of any person shall not, subject to any contrary intention in the instrument of trust, exceed the sum of ten thousand ringgit or in the aggregate an amount equivalent to one half of the presumptive or vested share or interest of that person in the trust property, whichever is the greater; and

(b)

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.