sec.39Appointment of public trustee as sole trustee

### sec.39 Appointment of public trustee as sole trustee Notwithstanding the fact that any governing instrument may provide for or direct the appointment of 2 or more trustees, trustees appointed under such instrument, including personal representatives whose duties continue in the nature of a trusteeship after their administration is closed, or any other person or persons having the power to appoint new trustees thereof may, unless expressly prohibited, appoint the public trustee as sole trustee under the instrument without obtaining the consent of the court, and the public trustee may in any such case lawfully act as sole trustee. Where there are more trustees, or persons having power to appoint a trustee, than 1, any 1 trustee, or any 1 of those persons having power to appoint a trustee, may apply to the court to have the public trustee appointed sole trustee. Where to the appointment of a trustee the consent of any person is requisite, and such person refuses to consent to the public trustee being appointed, or where the person to consent is a person under a legal disability, or is absent from Queensland, an appointment of the public trustee may be made without such consent if the court consents thereto. On any application under this section the court may make such order or orders as it thinks fit. (sec.39-ssec.1) Notwithstanding the fact that any governing instrument may provide for or direct the appointment of 2 or more trustees, trustees appointed under such instrument, including personal representatives whose duties continue in the nature of a trusteeship after their administration is closed, or any other person or persons having the power to appoint new trustees thereof may, unless expressly prohibited, appoint the public trustee as sole trustee under the instrument without obtaining the consent of the court, and the public trustee may in any such case lawfully act as sole trustee. (sec.39-ssec.2) Where there are more trustees, or persons having power to appoint a trustee, than 1, any 1 trustee, or any 1 of those persons having power to appoint a trustee, may apply to the court to have the public trustee appointed sole trustee. (sec.39-ssec.3) Where to the appointment of a trustee the consent of any person is requisite, and such person refuses to consent to the public trustee being appointed, or where the person to consent is a person under a legal disability, or is absent from Queensland, an appointment of the public trustee may be made without such consent if the court consents thereto. (sec.39-ssec.4) On any application under this section the court may make such order or orders as it thinks fit.