sec.19Application of division

sec.19 Application of division

If there is an appointor for a trust, the provisions of this division relating to appointors apply, whether the appointment of a trustee is to be made in a circumstance mentioned in this division or in the trust instrument. However, if an appointor is authorised under this division to appoint a trustee in a circumstance that is also mentioned in the trust instrument, an appointment made under this division in that circumstance is subject to the terms applying under the trust instrument to an appointment in that circumstance. If a will names a person as trustee of a trust created by the will and the person is dead, the provisions of this division that apply if a trustee is dead apply— whether the person is named as a sole trustee or otherwise of the trust; and whether the death of the person happened before or after the death of the testator. (sec.19-ssec.1) If there is an appointor for a trust, the provisions of this division relating to appointors apply, whether the appointment of a trustee is to be made in a circumstance mentioned in this division or in the trust instrument. (sec.19-ssec.2) However, if an appointor is authorised under this division to appoint a trustee in a circumstance that is also mentioned in the trust instrument, an appointment made under this division in that circumstance is subject to the terms applying under the trust instrument to an appointment in that circumstance. (sec.19-ssec.3) If a will names a person as trustee of a trust created by the will and the person is dead, the provisions of this division that apply if a trustee is dead apply— whether the person is named as a sole trustee or otherwise of the trust; and whether the death of the person happened before or after the death of the testator.

• (a) whether the person is named as a sole trustee or otherwise of the trust; and
• (b) whether the death of the person happened before or after the death of the testator.