Part 1Trusts
Chapter 8Powers of the court
Powers in relation to ex officio trustees
I166Appointment by the court of a trustee to take the place of an ex officio trustee
1
The court may, as regards any trust, on the application of an ex officio trustee appoint a person nominated by the applicant to be a trustee in place of the applicant if the court—
a
considers it expedient to do so for the administration of the trust, and
b
is satisfied that the power to make such a nomination is not, expressly or by implication, excluded by the trust deed.
2
The making of an appointment under subsection (1) removes the applicant from the office of trustee.
3
A person who, having been nominated under subsection (1), still holds the office of trustee as at the date mentioned in subsection (4), ceases to hold the office of trustee on that date.
4
The date referred to in subsection (3) is the date on which the nominator ceases to hold the office by virtue of which that person was an ex officio trustee when the nomination was made.
5
In subsection (1), the expression “in place of” is not to be construed as implying that the person appointed is to be in any way dependent upon, or under the direction of, the nominating trustee.
6
This section applies irrespective of when the trust was created.
I267Office supplying ex officio trustee
1
Where the holder of an office specified in a trust deed is (in terms of the trust deed) eligible to be a trustee by virtue only of being the holder of that office, the court may remove the specification of the office from the trust deed on the application of the trustees.
2
Where the specified office is extant, an application under subsection (1) may also be made by—
a
the holder, or
b
the body of which the holder is an officer.
3
If an application under subsection (1) seeks the specification of a different office in substitution for the specification removed, the court may make that substitution if satisfied either—
a
that the specification sought is more appropriate to the purposes of the trust than the specification removed, or
b
that the office removed is no longer extant.
4
This section applies irrespective of when the trust was created.