THE LAW OF TRUST 341
Illus. — A by his will bequeaths certain properties to B and C as Trustees for D, B and C prove A’s will. On a question being raised whether B and C had accepted the office of Trustee, held that their conduct in proving the will was tantamount to acceptance of office.
- Other illustrations of acceptance by conduct are :—
(i) Acceptance by acquiescence—Permitting an action regarding trust property being brought in his name.
(ii) Acceptance by exercising dominion over the trust property— such as advertising for sell—giving notice to tenants.
(iii) Acceptance by dealing with property—unless the dealing is plainly referable to some other ground.
(iv) Acceptance by long silence with notice of the trust and in the absence of any satisfactory explanation of the silence.
(v) Acceptance of a part of the trust is acceptance of the whole, notwithstanding any attempted disclaimer of part.
The law does not say how a disclaimer is to be made by a trustee who does not wish to accept the office. It only says that a trustee must do so within reasonable time.
Although the law is silent on the point, the following points with respect to disclaimer have been settled by judicial decisions—
(i) The disclaimer should be before acceptance. Once a trustee has accepted the office he can renounce it only under circumstances mentioned in section 46.
(ii) A person can disclaim a trust although he may have consented to act as a trustee during the lifetime of the settlor.
(iii) A person cannot disclaim the office as to a part of the trust and accept as to the rest.
(iv) A disclaimer may be by words or by conduct.
7. Effect of disclaimer.
(i) If there is only one trustee a disclaimer prevents the trust property from vesting in him.
(ii) If there are two more trustees and if one of them disclaims, such a disclaimer vests the trust property in the other or others or makes him or them the sole trustee or trustees from the date of the creation of the trust.