Changes to legislation: There are currently no known outstanding effects
for the Trustee Act 1925, Section 36. (See end of Document for details)
Trustee Act 1925
1925 CHAPTER 19 15 and 16 Geo 5
PART III
APPOINTMENT AND DISCHARGE OF TRUSTEES
36 Power of appointing new or additional trustees.
(1) Where a trustee, either original or substituted, and whether appointed by a court or
otherwise, is dead, or remains out of the United Kingdom for more than twelve months,
or desires to be discharged from all or any of the trusts or powers reposed in or
conferred on him, or refuses or is unfit to act therein, or is incapable of acting therein,
or is an infant, then, subject to the restrictions imposed by this Act on the number of
trustees,—
(a) the person or persons nominated for the purpose of appointing new trustees
by the instrument, if any, creating the trust; or
(b) if there is no such person, or no such person able and willing to act, then the
surviving or continuing trustees or trustee for the time being, or the personal
representatives of the last surviving or continuing trustee;
may, by writing, appoint one or more other persons (whether or not being the persons
exercising the power) to be a trustee or trustees in the place of the trustee so deceased
remaining out of the United Kingdom, desiring to be discharged, refusing, or being
unfit or being incapable, or being an infant, as aforesaid.
(2) Where a trustee has been removed under a power contained in the instrument creating
the trust, a new trustee or new trustees may be appointed in the place of the trustee who
is removed, as if he were dead, or, in the case of a corporation, as if the corporation
desired to be discharged from the trust, and the provisions of this section shall apply
accordingly, but subject to the restrictions imposed by this Act on the number of
trustees.
(3) Where a corporation being a trustee is or has been dissolved, either before or after the
commencement of this Act, then, for the purposes of this section and of any enactment
replaced thereby, the corporation shall be deemed to be and to have been from the date
