Trustees' Appointment, Removal & Retirement

Question 1

What is the minimum number of human trustees required for a trust over land?

Answer 1

Two

Question 2

Under s 36 Trustees Act 1925, how does a trustee retire from the role?

Answer 2

By deed

Question 3

Is a trustee able to replace another trustee who is incapable of acting, e.g. due to physical or mental incapacity?

Answer 3

Yes - with no permission from the court required

Question 4

If one trustee dies / is unable to act and leaves another trustee, who can appoint a new trustee?

Answer 4

The remaining trustee

Question 5

If all trustees have died, who effects the replacement of them?

Answer 5

The PRs of the last surviving trustee

Question 6

When will the court replace a trustee?

Answer 6

If it is expedient, difficult or impractical to appoint without court’s assistance

Question 7

What are the requirements for beneficiaries to serve a written direction for a trustee to retire?

Answer 7

Must be of full age, capacity, and taken together are absolutely entitled to the trust property

Question 8

How is title in the estate held by trustees?

Answer 8

Joint tenants

Question 9

When would a trustee appoint an attorney?

Answer 9

If they are concerned they might not be able to perform their functions in running the trust

Question 10

How long can a trustee appoint an attorney for?

Answer 10

Up to 12 months

Question 11

Within what period must a trustee notify the other trustees following the appointment of an attorney?

Answer 11

7 days

Question 12

What power does s 19 Trust of Land and Appointment of Trustees Act 1996 give beneficiaries, in relation to retirement?

Answer 12

Power to require a trustee to retire

Cannot be used if not all the beneficiaries are adults