Trustee Act 1893

The Supreme Court may, on the application ex parte or otherwise, of a trustee, or of a beneficiary interest in trust property, authorize the expenditure by the trustee, out of the capital or income of the trust property or of the estate of a deceased person, of such sum as the Court may think fit in repairing, reinstating, or improving the trust property or estate, and may by the same or any subsequent order authorize the trustee to raise moneys required for the purpose of such expenditure by mortgage of the trust property or estate concerned, or of any other property or estate subject to the same trusts.

This section does not apply to any building or property which a trustee is bound forthwith to convey absolutely to any beneficiary upon being requested to do so.

This section applies to trusts created either before or after the commencement of this Act; but nothing in this section shall authorize any trustee to do anything which he is in express terms forbidden to do, or to omit to do anything which he is in express terms directed to do, by the instrument creating the trust.