Trustee Power Clause (Delegate) (BC)

Summary

This clause empowers the trustee to delegate the exercise of any functions to any persons on any matters the trustee deems fit. This clause includes practical guidance and drafting notes. Historically, the statutory power to delegate to agents has been severely restricted. With the exception of the delegation of investments now permitted under s. 15.5 of the Trustee Act, the only other statutory delegation permitted is the appointment as agent a solicitor or banker for receipt of trust monies only, and the appointment of an agent if the trustee will be absent from the province because of war service. More extensive delegation powers should be considered. An example of a general power to delegate is in s. 15 of the STEP Standard Provisions: "a trustee may delegate ... any of his functions to any person". It is recommended that administrative provisions be organized together in a schedule for an inter vivos trust. The trustee will conveniently find them, while the settlor and the ...