Trustee authority continues when a co-trustee dies or disclaims, unless trust requires more trustees to act. Where authority to deal with trust property is given to several trustees, the continuing trustees may exercise that authority if one trustee disclaims or dies, unless the instrument of trust clearly requires the authority to be exercised by a number exceeding the remaining trustees.
Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Provisions expressly mentioned in the judgment/order text.
Trustee authority continues when a co-trustee dies or disclaims, unless trust requires more trustees to act.
Where authority to deal with trust property is given to several trustees, the continuing trustees may exercise that authority if one trustee disclaims or dies, unless the instrument of trust clearly requires the authority to be exercised by a number exceeding the remaining trustees.
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