Q&As

Can an appointor ‘retire’ as appointor and if so, does the statutory power of appointment of new trustees vest in the remaining trustees?

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Published on LexisPSL on 16/01/2020

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

  • Can an appointor ‘retire’ as appointor and if so, does the statutory power of appointment of new trustees vest in the remaining trustees?

Can an appointor ‘retire’ as appointor and if so, does the statutory power of appointment of new trustees vest in the remaining trustees?

The Trustee Act 1925 (TA 1925) makes provision for appointments and retirements of trustees but it may be expressly excluded (TA 1925, s 69). Therefore, in every case of appointments and retirements of trustees, the trust instrument in question should be checked to see if there are any specific provisions.

TA 1925, s 36 states (our emphasis):

36 Power of appointing new or additional trustees

(1) Where a trustee, either original or substituted, and whether appointed by a court or

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