18Appointment of public trustee and guardian as sole

18 Appointment of public trustee and guardian as sole trustee (1) Even though an instrument provides for or directs the appointment of 2 or more trustees, the public trustee and guardian may be appointed as sole trustee under the instrument unless the appointment is expressly prohibited by the instrument. (2) The appointment of the public trustee and guardian as sole trustee under an instrument for subsection (1) may be made by— (a) the trustees appointed under the instrument; or (b) where there is another person who has the power to appoint a new trustee under the instrument—that person; or (c) where there are 2 or more other persons who have the power to appoint a new trustee under the instrument—those persons; or (d) the court. (3) An application for an order of the court appointing the public trustee and guardian as sole trustee under an instrument may be made by— (a) any 1 of the trustees appointed under the instrument; or (b) where there are 2 or more other persons who have the power to appoint a new trustee under the instrument—any 1 of those persons; or (c) any person who has an interest in any property to which the instrument relates.