Part 1Trusts
Chapter 1Appointment, assumption, resignation, removal and discharge of trustees
Appointment or assumption
I12Appointment of new trustee by truster
1
Except in so far as the trust deed, expressly or by implication, provides otherwise (or, in a case where there is no trust deed, the context requires or implies otherwise), if no capable trustee exists or is traceable the truster may appoint a new trustee.
2
The making of an appointment under subsection (1) removes any existing trustee from the office of trustee.
3
a
applies irrespective of when the trust was created, but
b
does not apply as respects a public trust.