(1) Where a trustee, whether original or substituted, and whether appointed by
the court or otherwise—
(a) is dead; or
(b) remains out of the State for
more than 1 year without having properly delegated the execution of the trust;
or
(c) seeks to be discharged from all or any of the trusts or powers reposed
in or conferred on the trustee; or
(d) refuses to act therein; or
(e) is
unfit to act therein; or
(f) is incapable of acting therein; or
(g) is an
infant; or
(h) being a corporation, has ceased to carry on business, is under
official management, is in liquidation or has been dissolved;
then the person
nominated for the purpose of appointing new trustees by the instrument (if
any) creating the trust, or if there is no such person or no such person able
and willing to act, then the surviving or continuing trustee or trustees for
the time being, or the personal representative of the last surviving or
continuing trustee, may by writing appoint a person or persons (whether or not
being the person or persons exercising the power) to be a trustee or trustees
in the place of the trustee first in this subsection mentioned.
(a) the number of trustees may, subject to the restriction
imposed by this Act on the number of trustees, be increased; and
(b) a
separate set of trustees may be appointed for any part of the trust property
held on trusts distinct from those relating to any other part, and whether or
not new trustees are or are to be appointed for any other part of the
trust property; and any existing trustee may be appointed or remain 1 of the
separate set of trustees; or if only 1 trustee were originally appointed, then
1 separate trustee may be so appointed for the part of the trust first in this
paragraph mentioned; and
(c) it is not obligatory to fill up the original
number of trustees where 2 or more trustees were originally appointed; but
(except where only 1 trustee was originally appointed or where the trust
instrument otherwise provides) a trustee is not discharged under this section
unless—
(i) in the case of any trust (including a trust referred to in
subparagraph (ii))—there will remain either a trustee corporation or at
least 2 individuals to act as trustees of the trust; or
(ii) in the case of a
trust for any charitable or public purpose or for any purpose of recreation or
other leisuretime use or occupation—there will remain a local government to
act as trustee of the trust; and
(d) any assurance or thing requisite for
vesting the trust property, or any part thereof, jointly in the persons who
are the trustees shall be executed or done.
(3) Where a trustee has been
removed under a power contained in the instrument creating the trust, a new
trustee or new trustees may be appointed in the place of the trustee who is
removed, as if that trustee were dead, or, in the case of a corporation, as if
the corporation had been dissolved, and the provisions of this section shall
apply accordingly.
(4) The power of appointment given by subsection (1) , or
any similar previous enactment, to the personal representative of the last
surviving or continuing trustee is and shall be deemed always to have been
exercisable by the administrator for the time being of that trustee or the
executor for the time being, whether original or by representation, of that
surviving or continuing trustee who has proved the will of his or her testator
without the concurrence of any executor who has renounced or has not proved.
(5) Where, in the case of any trust, there are not more than 3 trustees (none
of them being a trustee corporation or a local government), then—
(a) the
person or persons nominated for the purpose of appointing new trustees by the
instrument (if any) creating the trust; or
may, by writing, appoint a person
or persons (whether or not being the person or persons exercising the power)
to be an additional trustee or additional trustees, but it shall not be
obligatory to appoint any additional trustee unless the instrument (if any)
creating the trust, or any statutory enactment, provides to the contrary; but
(except where the Minister has given a certificate in writing that the
Minister approves the appointment of the additional trustees) on any
appointment of additional trustees under this subsection the number of
trustees shall not be increased beyond 4.
(6) Every new trustee appointed
under this section has the same powers, authorities, and discretions and may
in every respect act, as if the new trustee had originally been appointed a
trustee by the instrument (if any) creating the trust, both before and after
all the trust property becomes by law or by assurance or otherwise vested in
the trustee.
(7) The provisions of this section which are brought into effect
by the circumstance that a person nominated trustee (whether sole or
otherwise) in a will is dead are brought into effect whether the death of that
person occurred before or after the death of the testator; and the provisions
relative to a continuing trustee relate also to a refusing or retiring
trustee, if willing to act in the execution of the provisions of this section.
(8) The provisions of this section relating to a person nominated for the
purpose of appointing new trustees apply whether the appointment is made in a
case specified in this section or in a case specified in the instrument (if
any) creating the trust, but where a new trustee is appointed under this
section in a case specified in that instrument, the appointment shall be
subject to the terms applicable to an appointment in that case under the
provisions of that instrument.
