ABSTRACT
Appointment, retirement and removal of trustees Appointment of trustees Capacity As a general rule, any human being or corporate body with the capacity to own property may be appointed a trustee.
The appointment of infants as trustees is specifically prohibited by s 20 of the Law of Property Act (LPA) 1925 (though infants have been held to be trustees under resulting trusts in Re Vinogradoff (1935) and Re Muller (1953)). Number of trustees It is open to a settlor to specify a minimum or maximum number of trustees in the trust instrument. Where a minimum of two trustees is prescribed, a trust corporation may administer the trust as sole trustee. See Re Duxbury’s ST (1993).
