sec.21Appointment of trustees—replacement of last continuing trustee who is dead

sec.21 Appointment of trustees—replacement of last continuing trustee who is dead

This section applies if all of the following apply— the last continuing trustee of a trust is dead; there is no appointor for the trust, or no appointor who is able and willing to act under section 20 to appoint a trustee to replace the last continuing trustee; if the trust instrument includes a mechanism, other than the appointment of an appointor, for appointing a trustee to replace the last continuing trustee—an appointment of a trustee under the mechanism has not taken effect within a reasonable period after the death of the last continuing trustee. For subsection (1) , it does not matter whether the last continuing trustee was an original trustee of the trust or was appointed by the court or otherwise. The personal representative of the last continuing trustee may, by instrument, appoint 1 or more persons as trustees to replace the last continuing trustee. See section 14 in relation to the limit applying to the number of trustees of particular trusts. See also section 166 in relation to the court’s power to appoint and remove trustees. The personal representative of the last continuing trustee— is taken to have always had the power of appointment conferred under subsection (3) ; and if the personal representative is the executor, whether original or by representation, of the last continuing trustee’s will—may exercise the power of appointment conferred under subsection (3) without the agreement of any executor named in the trustee’s will who has not proved the trustee’s will. Subject to a contrary intention in the trust instrument, the personal representative of the last continuing trustee may appoint themself as a trustee under subsection (3) . If there is more than 1 personal representative of the last continuing trustee, the personal representatives must exercise the power of appointment under subsection (3) jointly. In this section— personal representative , of the last continuing trustee of a trust, does not include an executor named in the trustee’s will who has not proved the trustee’s will. (sec.21-ssec.1) This section applies if all of the following apply— the last continuing trustee of a trust is dead; there is no appointor for the trust, or no appointor who is able and willing to act under section 20 to appoint a trustee to replace the last continuing trustee; if the trust instrument includes a mechanism, other than the appointment of an appointor, for appointing a trustee to replace the last continuing trustee—an appointment of a trustee under the mechanism has not taken effect within a reasonable period after the death of the last continuing trustee. (sec.21-ssec.2) For subsection (1) , it does not matter whether the last continuing trustee was an original trustee of the trust or was appointed by the court or otherwise. (sec.21-ssec.3) The personal representative of the last continuing trustee may, by instrument, appoint 1 or more persons as trustees to replace the last continuing trustee. See section 14 in relation to the limit applying to the number of trustees of particular trusts. See also section 166 in relation to the court’s power to appoint and remove trustees. (sec.21-ssec.4) The personal representative of the last continuing trustee— is taken to have always had the power of appointment conferred under subsection (3) ; and if the personal representative is the executor, whether original or by representation, of the last continuing trustee’s will—may exercise the power of appointment conferred under subsection (3) without the agreement of any executor named in the trustee’s will who has not proved the trustee’s will. (sec.21-ssec.5) Subject to a contrary intention in the trust instrument, the personal representative of the last continuing trustee may appoint themself as a trustee under subsection (3) . (sec.21-ssec.6) If there is more than 1 personal representative of the last continuing trustee, the personal representatives must exercise the power of appointment under subsection (3) jointly. (sec.21-ssec.7) In this section— personal representative , of the last continuing trustee of a trust, does not include an executor named in the trustee’s will who has not proved the trustee’s will.