sec.24Appointment of trustees—additional trustees

sec.24 Appointment of trustees—additional trustees

This section applies in relation to a trust if— the number of trustees of the trust is less than the number of trustees permitted for the trust under section 14 , including that section as applied by section 15 (4) ; or section 14 does not apply to the trust. The following persons may, by instrument, appoint 1 or more persons as additional trustees of the trust— if there is an appointor for the trust—the appointor; if there is no appointor for the trust, or no appointor who is able and willing to act as an appointor—the trustee of the trust or, if there is more than 1 trustee, the trustees. 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 additional trustees. However, the persons mentioned in subsection (2) are not required to exercise the power conferred under that subsection unless the appointment of 1 or more additional trustees is required under the trust instrument or an Act. Subject to a contrary intention in the trust instrument, an appointor for the trust may appoint themself as an additional trustee under subsection (2) (a) . (sec.24-ssec.1) This section applies in relation to a trust if— the number of trustees of the trust is less than the number of trustees permitted for the trust under section 14 , including that section as applied by section 15 (4) ; or section 14 does not apply to the trust. (sec.24-ssec.2) The following persons may, by instrument, appoint 1 or more persons as additional trustees of the trust— if there is an appointor for the trust—the appointor; if there is no appointor for the trust, or no appointor who is able and willing to act as an appointor—the trustee of the trust or, if there is more than 1 trustee, the trustees. 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 additional trustees. (sec.24-ssec.3) However, the persons mentioned in subsection (2) are not required to exercise the power conferred under that subsection unless the appointment of 1 or more additional trustees is required under the trust instrument or an Act. (sec.24-ssec.4) Subject to a contrary intention in the trust instrument, an appointor for the trust may appoint themself as an additional trustee under subsection (2) (a) .

• (a) the number of trustees of the trust is less than the number of trustees permitted for the trust under section 14 , including that section as applied by section 15 (4) ; or
• (b) section 14 does not apply to the trust.
• (a) if there is an appointor for the trust—the appointor;
• (b) if there is no appointor for the trust, or no appointor who is able and willing to act as an appointor—the trustee of the trust or, if there is more than 1 trustee, the trustees.