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Trustee Act 1893
11Power of appointing new trustees
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11 Power of appointing new trustees
(1) Where a trustee, either original or substituted, and whether
appointed by a Court or otherwise, is dead or remains out of the
Territory for more than 12 months, or desires to be discharged from
all or any of the trusts or powers reposed in or conferred on him, or
refuses or is unfit to act therein, or is incapable of acting therein,
then the person or persons nominated for the purpose of appointing
new trustees by the instrument (if any) creating the trust, or if there
is no such person, or no such person able and willing to act, then
the surviving or continuing trustees or trustee for the time being, or
the representatives of the last surviving or continuing trustee, may,
by writing, appoint another person or other persons to be a trustee
or trustees in the place of the trustee dead, remaining out of the
Territory, desiring to be discharged, refusing or being unfit or being
incapable, as aforesaid.
(2) On the appointment of a new trustee:
(a) the number of trustees may be increased; and
(b) a separate set of trustees may be appointed for any part of the
trust property held on trusts distinct from those relating to any
other part or parts of the trust property, or, if only one trustee
was originally appointed, then one separate trustee may be so
appointed for the first-mentioned part; and
(c) it shall not be obligatory to appoint more than one new trustee
where only one trustee was originally appointed or to fill up the
original number of trustees where more than 2 trustees were
originally appointed; but, except where only one trustee was
originally appointed, a trustee shall not be discharged under
this section from his trust unless there will be at least
2 trustees to perform the trust; and
(d) any assurance or thing requisite for vesting the trust property,
or any part thereof, jointly in the persons who are the trustees,
or solely in the new trustee, as the case may require, shall be
executed or done.
(3) Every new trustee so appointed, as well before as after all the trust
property becomes by law or by assurance or otherwise vested in
him, shall have the same powers, authorities, and discretions, and
be entitled to the same remuneration (if any), and, if of a continuing
nature, and may in all respects act as if he had been originally
Proclamation in the Government Gazette 10
appointed a trustee by the instrument (if any) creating the trust.
(4) The provisions of this section relative to a trustee who is dead
include the case of a person nominated trustee in a will, but dying
before the testator, and those relative to a continuing trustee
include a refusing or retiring trustee, if willing to act in the execution
of the provisions of this section.
(5) This section applies only if and as far as a contrary intention is not
have effect subject to the terms of that instrument and to any
(6) This section applies to trusts created either before or after the
(7) Nothing in this section shall give power to appoint an executor or
administrator.