2Appointment of new trustee by truster
This section has no associated Explanatory Notes
(1)Except in so far as the trust deed, expressly or by implication, provides otherwise (or, in a case where there is no trust deed, the context requires or implies otherwise), if no capable trustee exists or is traceable the truster may appoint a new trustee.
(2)The making of an appointment under subsection (1) removes any existing trustee from the office of trustee.
(3)This section—
(a)applies irrespective of when the trust was created, but
(b)does not apply as respects a public trust.