Appointment and removal of trustees

• Who can appoint a trustee?

  The court can appoint a trustee.
• What can a trustee do regarding their appointment?

  A trustee can disclaim or refuse to accept the position.
• What is the minimum and maximum number of trustees for land?

  At least 2 and not more than 4 trustees are required for land.
• Under what condition can a settlor appoint new trustees?

  A settlor can appoint new trustees only if express provisions are provided in the trust document.
• Who has the power to appoint new trustees?

  Existing trustees have the power to appoint new trustees.
• What is the maximum number of trustees that can be appointed?

  A maximum of four trustees can be appointed.
• What happens if there are no remaining trustees?

  The personal representative of the last surviving trustee may appoint a replacement.
• Under what condition can beneficiaries appoint a trustee?

  Beneficiaries can appoint a trustee if no person is nominated in the trust instrument.
• What conditions must be met for beneficiaries to appoint a trustee?

  All beneficiaries must be of full age and capacity, absolutely entitled to the trust property, and agree together.
• What are the conditions under which a trustee can be removed without consent?

  A trustee can be removed if they are bankrupt or incapacitated, by beneficiaries, or by court order.
• What is required for beneficiaries to remove a trustee?

  All beneficiaries must be of full age and capacity, absolutely entitled to the trust property, and agree together.
• What is a condition for removing a trustee if no person is nominated in the trust instrument?

  Beneficiaries can remove a trustee if no person is nominated in the trust instrument.
• What is a court order in the context of trustee removal?

  A court order can be a reason for removing a trustee without their consent.
• What is the role of the settlor in appointing trustees?

  The settlor is unable to appoint new trustees unless express provisions are provided in the trust document.
• What are the implications of a trustee disclaiming their position?

  A trustee can refuse to accept the position, which is an all-or-nothing decision.
• What specific powers do existing trustees have regarding appointments?

  Existing trustees have the power to appoint new trustees but cannot exceed four in total.
• What is the process for beneficiaries to appoint a trustee?

  Beneficiaries can appoint a trustee if no person is nominated in the trust instrument and they all agree.
• What are the legal requirements for beneficiaries to remove a trustee?

  All beneficiaries must be of full age and capacity, absolutely entitled to the trust property, and agree together.
• What is the significance of a court order in trustee matters?

  A court order can facilitate the removal of a trustee without their consent.