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179 (1) Subject to subsection (2), the Supreme Court on application may appoint one or more persons as trustees over

  • (a) particular property to which the child is entitled, including any property derived from the property or from the disposition of the property, or
  • (b) all property to which the child is entitled at the time the order is made and to which the child becomes entitled while the order is in effect, except property
    • (i) identified in the order, or
    • (ii) over which a trustee already has authority.
  • (2) The Supreme Court may appoint a trustee only if satisfied that it is in the best interests of the child to do so, on consideration of all of the following:
  • (a) the apparent ability of the proposed trustee to administer the property;
  • (b) the merits of the proposed trustee’s plan for administering the property;
  • (c) the views of the child, unless it would be inappropriate to consider them;
  • (d) the personal relationship between the proposed trustee and the child;
  • (e) the wishes of the child’s guardians;
  • (f) the written comments of the Public Guardian and Trustee;
  • (g) the potential benefits and risks of appointing the proposed trustee to administer the property compared to other available options for administering the property;
  • (h) if the Supreme Court is considering making an order under subsection (1)(b), that the interests of the child are likely better served by an order made under that subsection than by an order made under subsection (1)(a).
  • (3) An order made under this section to appoint a trustee may do one or more of the following:
  • (a) require the trustee to deliver the trustee’s accounts at specified intervals for the examination and approval of the court;
  • (b) limit the duration of the trusteeship;
  • (c) specify or limit the types of investment in which the trustee may invest the property;
  • (d) provide for compensation of the trustee including, without limitation, setting rates and specifying when the compensation may be taken;
  • (e) require the trustee to give security in any form the court directs;
  • (f) make any other order the court considers appropriate.
  • (4) Except as provided for in an order made under this section, the Trustee Act applies to the trustee and the trust.

2011-25-179, effective March 18, 2013 (B.C. Reg. 131/2012).