Clause 45

The court may, whenever it is expedient to appoint a new trustee or new trustees, and it is found inexpedient, difficult or impracticable so to do without the assistance of the court, make an order appointing a new trustee or new trustees either in substitution for or in addition to any existing trustee or trustees, although there is no existing trustee.In particular and without prejudice to the generality of the foregoing provisions, the court may make an order appointing a new trustee in substitution for a trustee who is sentenced to a term of imprisonment or is a mentally disordered person or a person of unsound mind or is a bankrupt or is a corporation which is in liquidation or has been dissolved.

An order made under this section, and any consequential vesting order or conveyance, shall not operate further or otherwise as a discharge to any former or continuing trustee than an appointment of new trustees under any power for that purpose contained in any instrument would have operated.

Nothing in this section shall give power to appoint an executor or administrator.