chapter  13
13 Pages

Appointment, retirement and removal of trustees

ByMohamed Ramjohn

The settlor has the freedom to select eligible persons to be the first trustees. He may appoint the trustees inter vivos or by his will. In the case of an inter vivos trust the settlor is required to transfer the property to the trustees for failure to achieve this result will make the trust imperfect. The settlor or testator who creates a trust usually appoints the first trustees. If, in purported creation of a trust inter vivos, the settlor fails to nominate trustees, the intended trust will be imperfect. When a trust is created the trust property vests in all the trustees as joint tenants. The effect is that on the death of a trustee the property devolves on the survivors. The trust instrument may confer the authority to appoint a trustee. This is exceptional because the statutory power to appoint is generally regarded as adequate.