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TRUSTEE ACT 1925 - SECT 7 Additional trustee

TRUSTEE ACT 1925 - SECT 7

Additional trustee

    (1)     A new trustee may by registered deed be appointed in addition to any existing trustee or trustees.

    (2)     A new trustee may be appointed in the following cases:

        (a)     where a sole trustee other than the public trustee and guardian or a trustee company is or has been originally appointed to act in a trust;

        (b)     where, in the case of any trust, there are not more than 3 trustees, either original or substituted, and whether appointed by the Supreme Court or otherwise, and none of the trustees is the public trustee and guardian or a trustee company.

    (3)     The person to be appointed a trustee shall not be the person, or 1 of the persons, by whom the appointment is or may be made, unless the appointment is made with the consent of the Supreme Court or of a majority of the beneficiaries.

    (4)     The appointment may be made by—

        (a)     the person (the nominated person ) nominated by the trust instrument to appoint new trustees; or

        (b)     if there is no nominated person, or the nominated person cannot or is unwilling to act—the trustee for the time being.

    (5)     The appointment may be made for all or any part of the trust property.

    (6)     The following provisions apply to appointments under subsection (1):

        (a)     2 or more trustees may be appointed concurrently;

        (b)     the number of trustees may be increased up to 4.

    (7)     Except as provided by the trust instrument or another Territory law, it is not necessary to appoint any additional trustee.

    (8)     Section 6 (8), (9), (11) and (14) apply to the appointment of an additional trustee.