Trusts Act 2025
sec.227Appointment of trustees—replacement of last continuing trustee who is dead
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sec.227 Appointment of trustees—replacement of last continuing trustee who is dead
Section 21 applies in relation to the last continuing trustee of a trust who is dead, whether the death happened before or after the commencement. However, for a trust created before the commencement, section 21(5) applies to the personal representative of the last continuing trustee as if the provision were not expressed to be subject to a contrary intention in the trust instrument. (sec.227-ssec.1) Section 21 applies in relation to the last continuing trustee of a trust who is dead, whether the death happened before or after the commencement. (sec.227-ssec.2) However, for a trust created before the commencement, section 21(5) applies to the personal representative of the last continuing trustee as if the provision were not expressed to be subject to a contrary intention in the trust instrument.