OpenLegislation

Section 1 Appointment of additional or new trustee by court: generalI1

Scotland Not yet in force

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

The court may, as regards any trust—

(a)

on the application of one or more of the trustees or of any person with an interest in the trust property, appoint an additional trustee if the court considers it necessary to do so for the administration of the trust, or

(b)

if no capable trustee exists or is traceable, appoint a new trustee on the application of any person with an interest in the trust property.

(2)

The court ceases to have power at common law to appoint a trustee.

(3)

The making of an appointment under subsection (1)(b) removes any existing trustee from the office of trustee.

(4)

This section applies irrespective of when the trust was created.

Annotations

Commencement

I1

S. 1 not in force at Royal Assent, see s. 88(3)