sec.29Removal and discharge of trustee without appointment of new trustee

sec.29 Removal and discharge of trustee without appointment of new trustee

This section applies in relation to a relevant trustee mentioned in section 20 (1) (c) , (d) , (e) , (f) , (g) or (h) . For subsection (1) , it does not matter whether the relevant trustee is an original trustee of the trust or was appointed by the court or otherwise. The following persons may, by instrument, remove the relevant trustee without appointing a new trustee to replace the relevant trustee— 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 continuing trustee of the trust or, if there is more than 1 continuing trustee, the continuing trustees. However, subsection (3) applies only if, on the removal of the relevant trustee, the minimum trustee requirements for the trust will be satisfied. On the removal of the relevant trustee under this section, the relevant trustee is discharged from the trust. (sec.29-ssec.1) This section applies in relation to a relevant trustee mentioned in section 20 (1) (c) , (d) , (e) , (f) , (g) or (h) . (sec.29-ssec.2) For subsection (1) , it does not matter whether the relevant trustee is an original trustee of the trust or was appointed by the court or otherwise. (sec.29-ssec.3) The following persons may, by instrument, remove the relevant trustee without appointing a new trustee to replace the relevant trustee— 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 continuing trustee of the trust or, if there is more than 1 continuing trustee, the continuing trustees. (sec.29-ssec.4) However, subsection (3) applies only if, on the removal of the relevant trustee, the minimum trustee requirements for the trust will be satisfied. (sec.29-ssec.5) On the removal of the relevant trustee under this section, the relevant trustee is discharged from 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 continuing trustee of the trust or, if there is more than 1 continuing trustee, the continuing trustees.