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I’ve heard lots of discussion regarding whether of not a right of action vests in the trustee or not. But, if the Act says that they are property then, surely, they do vest?

April 26, 2017ACT Action heard I’ve lots right Trustee vests

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I’ve heard lots of discussion regarding whether of not a right of action vests in the trustee or not. But, if the Act says that they are property then, surely, they do vest?

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Unfortunately, it’s not quite as simple as that. Case law has developed since the 19th century to establish a position that some rights of action cannot be considered to be property. If they are not property they can not vest in the trustee.