Q&As

Can a sole trustee of land under a Will appoint a second trustee without obtaining a grant and, if so, under what legislative power?

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Published on LexisPSL on 06/05/2016

The following Private Client Q&A provides comprehensive and up to date legal information covering:

  • Can a sole trustee of land under a Will appoint a second trustee without obtaining a grant and, if so, under what legislative power?
  • The power to appoint
  • Appointment of trustees

The power to appoint

See Practice Note: Executor's and administrator's authority prior to the grant, which outlines how an executor is the person appointed, ordinarily by the testator by their Will or codicil, to:

  1. administer their property

  2. carry into effect the provisions of the Will

The above Practice Note goes on to state that, though the grant of probate confirms the executor’s authority to act, an executor may still carry out functions prior to the grant. Following the decision in Kelsey v Kelsey, an executor may generally do

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