Trustees Act 1967 · 2020 Revised Edition · Part 5 · Powers of Court
42. Power of court to appoint new trustees
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The court may, whenever it is expedient to appoint a new trustee or new trustees, and it is found inexpedient, difficult or impracticable to do so 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.
court
“court” means the General Division of the High Court and includes, in any case where the trust concerned is an executorship or administratorship, a Family Court;
Without limiting subsection (1), the court may make an order appointing a new trustee in substitution for a trustee who is —
sentenced to a term of imprisonment;
found to lack capacity (within the meaning of the Mental Capacity Act 2008) to exercise the trustee’s functions as trustee;
a bankrupt; or
a corporation which is in liquidation or has been dissolved.
An order made under this section, and any consequential vesting order or conveyance, does 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.
conveyance
“convey” and “conveyance”, as applied to any person, include the execution by that person of every necessary or suitable assurance (including an assent) for conveying, assigning, appointing, surrendering, or otherwise transferring or disposing of land of which the person is seised or possessed, or in which the person is entitled to a contingent right, either for the person’s whole estate or for any less estate, together with the performance of all formalities required by law for the validity of the conveyance;
Nothing in this section —
gives power to appoint an executor or administrator;
prevents a donee of a lasting power of attorney created by a trustee from acting for the trustee when the trustee lacks capacity to exercise the trustee’s functions as trustee.