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TRUSTEE ACT 1958 - SECT 48 Power of Court to appoint new trustees

TRUSTEE ACT 1958 - SECT 48

Power of Court to appoint new trustees

S. 48(1) amended by Nos 9576 s. 11(1), 55/1987 s. 57(3)(Sch. 5 item 77), 68/2009 s. 97(Sch. item 126), 26/2014 s. 455(Sch. item 32), 39/2022 s. 876.

    (1)     The Court may, whenever it is expedient to appoint a new trustee or new trustees, and it is found inexpedient difficult or impracticable so to do without the assistance of the Court, make an order appointing a new trustee or new trustees either in substitution for or in addition to any existing trustee or trustees, or although there is no existing trustee.

In particular and without prejudice to the generality of the foregoing provision, the Court may make an order appointing a new trustee in substitution for a trustee who is convicted on indictment of any offence, or is a patient within the meaning of the Mental Health and Wellbeing Act 2022 , or is a bankrupt, or is a corporation which is in liquidation or has been dissolved.

    (2)     Nothing in this section gives power to appoint an executor or administrator.

No. 5770 s. 49.