77New trustees, Court may appoint

##### 77. New trustees, Court may appoint (1) The Court may, whenever it is expedient to appoint a new trustee or new trustees, and it is inexpedient, difficult or impracticable so to do without the assistance of the Court, make an order for the appointment of a new trustee or new trustees, either in substitution for, or in addition to, any existing trustee or trustees, or although there is no existing trustee. (2) In particular, and without limiting the generality of the provisions of subsection (1), the Court may make an order appointing a new trustee in substitution for a trustee who — (a) desires to be discharged; or (b) has been held by the Court to have misconducted himself in the administration of the trust; or (c) is convicted of an indictable offence; or (d) is a person of unsound mind; or (e) is bankrupt; or (f) is a corporation that has ceased to carry on business, or is in liquidation, or has been dissolved. (3) An order under this section, and any consequential vesting order or conveyance, does not operate further or otherwise as a discharge to any discharged, former or continuing trustee than an appointment of new trustees under any power for that purpose contained in any instrument would have operated. (4) Nothing in this section confers power to appoint an executor or administrator. (5) Every trustee appointed by the Court has, as well before as after the trust property becomes by law or by assurance or otherwise vested in him, the same powers, authorities, and discretions, and may in all respects act, as if he had been originally appointed a trustee by the instrument (if any) creating the trust. [Section 77 amended: No. 70 of 2004 s. 82.]