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Part II E+W APPOINTMENT AND RETIRMENT OF TRUSTEES

20 Appointment of substitute for incapable trustee.E+W

(1)This section applies where—

(a)a trustee is incapable by reason of mental disorder of exercising his functions as trustee,

(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

(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.

(2)The beneficiaries may give to—

(a)a receiver of the trustee,

(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 M1Enduring Powers of Attorney Act 1985, or

(c)a person authorised for the purpose by the authority having jurisdiction under Part VII of the M2Mental Health Act 1983,

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.

Marginal Citations