sec.169Power to appoint and remove particular office holders

sec.169 Power to appoint and remove particular office holders

This section applies if— it is expedient for a person to be appointed to, or removed from, a relevant office in relation to a trust; and it is inexpedient, difficult, impracticable or impossible for the person to be appointed or removed without an order of the court. The court may, on application or on its own initiative, by order— appoint a person to the relevant office; or remove a person from the relevant office; or remove a person from the relevant office and appoint another person to the office. The application may be made by— a trustee of the trust; or the person who holds the relevant office; or a person who is beneficially interested in the trust property; or a person in whose favour a power to distribute the trust property may be exercised. A person may be appointed to, or removed from, the relevant office for any reason a person may be appointed, or removed, as a trustee of a trust under section 166 . In this section— relevant office , in relation to a trust, means an office created under the trust instrument, other than the office of trustee, under which a person holding the office— may exercise a power in relation to the trust or the trust property; and must act in a fiduciary capacity in exercising the power. (sec.169-ssec.1) This section applies if— it is expedient for a person to be appointed to, or removed from, a relevant office in relation to a trust; and it is inexpedient, difficult, impracticable or impossible for the person to be appointed or removed without an order of the court. (sec.169-ssec.2) The court may, on application or on its own initiative, by order— appoint a person to the relevant office; or remove a person from the relevant office; or remove a person from the relevant office and appoint another person to the office. (sec.169-ssec.3) The application may be made by— a trustee of the trust; or the person who holds the relevant office; or a person who is beneficially interested in the trust property; or a person in whose favour a power to distribute the trust property may be exercised. (sec.169-ssec.4) A person may be appointed to, or removed from, the relevant office for any reason a person may be appointed, or removed, as a trustee of a trust under section 166 . (sec.169-ssec.5) In this section— relevant office , in relation to a trust, means an office created under the trust instrument, other than the office of trustee, under which a person holding the office— may exercise a power in relation to the trust or the trust property; and must act in a fiduciary capacity in exercising the power.

• (a) it is expedient for a person to be appointed to, or removed from, a relevant office in relation to a trust; and
• (b) it is inexpedient, difficult, impracticable or impossible for the person to be appointed or removed without an order of the court.