ABSTRACT
Trustees appointed on the creation of a new trust or during the continuance of an existing trust. The appointment of trustees may be done under express authority in the trust instrument, or by virtue of statutory authority, namely s 36 of the Trustee Act 1925 or by the court under its inherent power or s 41 of the Trustee Act 1925. Section 19 of the Trusts of Land and Appointment of Trustees Act (TOLATA) 1996 applies where there is no person nominated under the trust instrument to appoint new trustees, and all the beneficiaries are of full age and capacity and collectively are absolutely entitled to the trust property. The beneficiaries give a written direction to the trustee's receiver or his attorney under a registered enduring power or to a person authorises under the Mental Health Act 1983 to appoint a particular person to be a new trustee.
