sec.166Power to appoint and remove trustees

sec.166 Power to appoint and remove trustees

This section applies if— it is expedient for a new trustee of a trust to be appointed or for a trustee of a trust to be removed; and it is inexpedient, difficult, impracticable or impossible for the trustee to be appointed or removed without an order of the court. The court may, on application or on its own initiative, make 1 or more of the following orders in relation to the trust— an order appointing a new trustee to replace a trustee who has been removed; an order appointing a new trustee to be an additional trustee or because there is no existing trustee; an order removing a trustee. Without limiting subsection (2) (a) , the appointment of a new trustee may be made to replace a trustee— who wishes to be discharged; or who appears to the court, for any reason, to be undesirable as a trustee. If the court could appoint a new trustee under subsection (2) (a) to replace a trustee, the court may remove the trustee under subsection (2) (c) without appointing a new trustee, but only if, on the removal of the trustee, the trust will have at least 1 trustee. An order appointing a new trustee or removing a trustee (and any consequential vesting order or conveyance) has effect to discharge a former trustee only to the extent the appointment or removal would have that effect if it were made under a power for that purpose contained in the trust instrument. This section does not confer power to appoint or remove a personal representative. (sec.166-ssec.1) This section applies if— it is expedient for a new trustee of a trust to be appointed or for a trustee of a trust to be removed; and it is inexpedient, difficult, impracticable or impossible for the trustee to be appointed or removed without an order of the court. (sec.166-ssec.2) The court may, on application or on its own initiative, make 1 or more of the following orders in relation to the trust— an order appointing a new trustee to replace a trustee who has been removed; an order appointing a new trustee to be an additional trustee or because there is no existing trustee; an order removing a trustee. (sec.166-ssec.3) Without limiting subsection (2) (a) , the appointment of a new trustee may be made to replace a trustee— who wishes to be discharged; or who appears to the court, for any reason, to be undesirable as a trustee. (sec.166-ssec.4) If the court could appoint a new trustee under subsection (2) (a) to replace a trustee, the court may remove the trustee under subsection (2) (c) without appointing a new trustee, but only if, on the removal of the trustee, the trust will have at least 1 trustee. (sec.166-ssec.5) An order appointing a new trustee or removing a trustee (and any consequential vesting order or conveyance) has effect to discharge a former trustee only to the extent the appointment or removal would have that effect if it were made under a power for that purpose contained in the trust instrument. (sec.166-ssec.6) This section does not confer power to appoint or remove a personal representative.