Appointment of substitute
for incapable trustee. |
Commentary |
20. -- (1) This section applies where--
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(a) a trustee is incapable by reason of mental disorder of exercising his functions as trustee, |
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(b) there is no person who is both entitled and willing and able to appoint a trustee in place of him under section 36(1) of the Trustee Act 1925, and |
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(c) the beneficiaries under the trust are of full age and capacity and (taken together) are absolutely entitled to the property subject to the trust. |
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(2) The beneficiaries may give to--
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(a) a receiver of the trustee, |
| 1985 c. 29. |
(b) an attorney acting for him under the authority of a power of attorney created by an instrument which is registered under section 6 of the Enduring Powers of Attorney Act 1985, or |
| 1983 c. 20. |
(c) a person authorised for the purpose by the authority having jurisdiction under Part VII of the Mental Health Act 1983, |
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a written direction to appoint by writing the person or persons specified in the direction to be a trustee or trustees in place of the incapable trustee.
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