Prospective
(1)Where a trustee is incapable, the power in section 5(1) may be exercised by the trustee’s guardian (“G”) on behalf of the trustee (and in such a case, the resignation will, for the purposes of this Act, be treated as a resignation by the trustee).
(2)But where subsection (3) applies, G may do so only after—
(a)an additional trustee is assumed under section 3,
(b)an additional trustee is appointed—
(i)under section 1 or 2, or
(ii)by G, or
(c)a judicial factor is appointed to administer the trust.
(3)This subsection applies where—
(a)the incapable trustee is a sole trustee, or
(b)in G’s opinion, no other trustee exists who is both capable and traceable.
(4)Any resignation given by G on behalf of the incapable trustee in breach of subsection (2) is of no effect.
(5)Section 4(2) (general conveyance of trust property) applies to an appointment of a trustee by G under subsection (2)(b)(ii) as it applies to an appointment of a trustee under section 1(1)(b) or 2(1).
(6)Section 5(5) applies to a resignation given by G on behalf of an incapable trustee in accordance with this section as it applies to a resignation given by a trustee under section 5.
(7)This section applies—
(a)irrespective of when the trust was created, but
(b)only as respects a resignation given after this section comes into force.
Commencement Information
I1S. 6 not in force at Royal Assent, see s. 88(3)