Appointment of trustees under a hierarchical mechanism ensures vacancies are filled by nominated persons, trustees, or court-approved appointees. Appointment of new trustees on vacancies by disclaimer, death, prolonged absence, residence abroad, insolvency, discharge, refusal, incapacity or acceptance of inconsistent trusts follows a priority: the person nominated in the trust instrument, otherwise the author of the trust if competent, then surviving or continuing trustees or their legal representative; with court consent retiring trustees or the last retiring trustee may appoint. Appointments must be in writing, may increase trustee numbers, and the Official Trustee may be made sole trustee with his consent and by court order.
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.
Appointment of trustees under a hierarchical mechanism ensures vacancies are filled by nominated persons, trustees, or court-approved appointees.
Appointment of new trustees on vacancies by disclaimer, death, prolonged absence, residence abroad, insolvency, discharge, refusal, incapacity or acceptance of inconsistent trusts follows a priority: the person nominated in the trust instrument, otherwise the author of the trust if competent, then surviving or continuing trustees or their legal representative; with court consent retiring trustees or the last retiring trustee may appoint. Appointments must be in writing, may increase trustee numbers, and the Official Trustee may be made sole trustee with his consent and by court order.
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