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By TLATA 1996, s 9, all trustees of land may jointly, by power of attorney, delegate any of their functions as trustees to any beneficiary/beneficiaries of full age, who is/are beneficially entitled to an interest in possession in the land subject to the trust. This includes delegation of the power to sell the land. Beneficiaries to whom functions have been delegated are in the same position as trustees regarding their duties and liabilities in exercising their functions. However, only the trustees can give a valid receipt for the purchase money. This preserves their role in overreaching. The delegation may be for any period of time and must be made by all trustees. However the delegation may be revoked by any one or more trustees (TLATA 1996, s 9(3)).
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