6Appointment of new trustees

6 Appointment of new trustees (1) A new trustee may by registered deed be appointed in place of a trustee, either original or substituted, and whether appointed by the Supreme Court or otherwise. (2) A new trustee may be appointed in the following cases: (a) if a trustee is dead; (b) if a trustee remains out of the ACT for more than 1 year without having properly delegated the execution of the trust; (c) if a trustee remains out of the ACT for more than 2 years; (d) if a trustee desires to be discharged from all or any of the trusts or powers reposed in or conferred on him or her; (e) if a trustee refuses to act, is unfit to act, or cannot act, as trustee; (f) if a trustee is a child; (g) if a trustee is removed under the trust instrument; (h) if a trustee that is a corporation is dissolved. (3) The person to be appointed a trustee shall not be the person, or 1 of the persons, by whom or with whose consent the appointment is or may be made, unless the appointment is made with the consent of the Supreme Court or of a majority of the beneficiaries. (4) The appointment may be made by— (a) the person (the nominated person) nominated by the trust instrument to appoint new trustees; or (b) if there is no nominated person, or the nominated person cannot or is unwilling to act—the surviving or continuing trustee for the time being; or (c) if there is no surviving or continuing trustee—by the legal representative of the last surviving or continuing trustee. (5) The appointment may be made for all or any part of the trust property. (6) The following provisions apply to appointments under subsection (1): (a) 2 or more trustees may be appointed concurrently; (b) the number of trustees may be increased up to 4; (c) a separate set of up to 4 trustees may be appointed for any part of the trust property held on trusts that are distinct from those relating to any other part of the trust property even if a new trustee is not to be appointed for the other part; (d) any existing trustee may be appointed or remain a trustee of the separate set of trustees; (e) if only 1 trustee was originally appointed—a separate trustee may be appointed for the distinct part; (f) it is not necessary to appoint more than 1 new trustee if only 1 trustee was originally appointed or to fill up the original number of trustees if more than 2 trustees were originally appointed. (7) By the appointment a trustee in place of whom the new trustee is appointed shall be discharged from the trust, provided that, except where only 1 trustee was originally appointed, a trustee shall not be so discharged unless there will be left after the discharge at least 2 trustees, the public trustee and guardian, or a trustee company, to perform the trust. (8) Any conveyance or thing requisite for vesting the trust property, or any part of the trust property, jointly in the persons who are the trustees, shall be executed or done. (9) Every new trustee appointed under this section, as well before as after all the trust property becomes by law or by conveyance or otherwise vested in him or her, shall have the same powers and discretions, and may in all respects act as if he or she had been originally appointed a trustee by the trust instrument. (10) The provisions of this section about a trustee who is dead include the case of a person nominated trustee in a will but dying before the testator. (11) The provisions of this section about a person nominated for the purpose of appointing new trustees apply, whether the appointment is to be made in a case specified in this section or in a case specified in the trust instrument, but where a new trustee is appointed under this section in a case specified in that instrument, the appointment shall be subject to the terms applicable to an appointment in that case under the provisions of that instrument. (12) The provisions of this section about a continuing trustee apply to a refusing or retiring trustee if the trustee is willing to act in the execution of this section. (13) However— (a) if there is a continuing trustee—this section does not authorise a refusing or retiring trustee to act separately from the continuing trustee; or (b) if a refusing or retiring trustee does not act in the execution of this section—the fact that the trustee was willing to act does not affect the validity of an appointment made by anyone else. (14) Nothing in this section shall give power to appoint any person as an (15) This section applies to a trust except so far as the contrary intention