Part 1Trusts
Chapter 7Protectors
I154Appointment of new protector
1
Subsection (2) applies where—
a
by the trust deed, the truster appointed a protector, but
b
no protector exists or is traceable who has the legal capacity, and is willing and fit, to carry out the duties of that office.
2
The truster may appoint a new protector.
3
But if the truster has died or is incapable then, except in so far as the trust deed, expressly or by implication, provides otherwise, the trustees may appoint a new protector in the circumstances mentioned in paragraphs (a) and (b) of subsection (1).
4
The making of an appointment under subsection (2) or (3) removes any existing protector from office.
5
This section applies irrespective of when the trust was created.