Trusts Act 2025
sec.18When appointors are not able and willing to act
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sec.18 When appointors are not able and willing to act
For this part, if there is 1 appointor for a trust, the appointor is not able and willing to act as appointor for the trust if— the appointor does not exercise the power of appointment within a reasonable period; or the appointor is otherwise not able and willing to act as appointor. For this part, if there are 2 or more appointors for a trust, the appointors are not able and willing to act as appointors for the trust if— the appointors can not, within a reasonable period— if the trust instrument provides for the appointors to exercise the power of appointment by majority—reach a majority decision on the appointment; or otherwise—reach a unanimous decision on the appointment; or the appointors are otherwise not able and willing to act as appointors. (sec.18-ssec.1) For this part, if there is 1 appointor for a trust, the appointor is not able and willing to act as appointor for the trust if— the appointor does not exercise the power of appointment within a reasonable period; or the appointor is otherwise not able and willing to act as appointor. (sec.18-ssec.2) For this part, if there are 2 or more appointors for a trust, the appointors are not able and willing to act as appointors for the trust if— the appointors can not, within a reasonable period— if the trust instrument provides for the appointors to exercise the power of appointment by majority—reach a majority decision on the appointment; or otherwise—reach a unanimous decision on the appointment; or the appointors are otherwise not able and willing to act as appointors.
- (a) the appointor does not exercise the power of appointment within a reasonable period; or
- (b) the appointor is otherwise not able and willing to act as appointor.
- (a) the appointors can not, within a reasonable period— (i) if the trust instrument provides for the appointors to exercise the power of appointment by majority—reach a majority decision on the appointment; or (ii) otherwise—reach a unanimous decision on the appointment; or
- (i) if the trust instrument provides for the appointors to exercise the power of appointment by majority—reach a majority decision on the appointment; or
- (ii) otherwise—reach a unanimous decision on the appointment; or
- (b) the appointors are otherwise not able and willing to act as appointors.
- (i) if the trust instrument provides for the appointors to exercise the power of appointment by majority—reach a majority decision on the appointment; or
- (ii) otherwise—reach a unanimous decision on the appointment; or