Trusts Act 2025
sec.32Application of division
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sec.32 Application of division
This division applies if, by instrument (an instrument of change )— a new trustee is appointed, whether under division 2 or under the trust instrument and whether to replace a trustee or to be an additional trustee; or a trustee is— removed under section 29 ; or discharged under section 30 . However, this division does not apply in relation to a new trustee if the new trustee is appointed to replace the last continuing trustee of a trust who is dead. See division 7 in relation to the vesting of trust property on the death of the last continuing trustee of a trust. (sec.32-ssec.1) This division applies if, by instrument (an instrument of change )— a new trustee is appointed, whether under division 2 or under the trust instrument and whether to replace a trustee or to be an additional trustee; or a trustee is— removed under section 29 ; or discharged under section 30 . (sec.32-ssec.2) However, this division does not apply in relation to a new trustee if the new trustee is appointed to replace the last continuing trustee of a trust who is dead. See division 7 in relation to the vesting of trust property on the death of the last continuing trustee of a trust.
- (a) a new trustee is appointed, whether under division 2 or under the trust instrument and whether to replace a trustee or to be an additional trustee; or
- (b) a trustee is— (i) removed under section 29 ; or (ii) discharged under section 30 .
- (i) removed under section 29 ; or
- (ii) discharged under section 30 .
- (i) removed under section 29 ; or
- (ii) discharged under section 30 .