The appointment and removal of trustees is a common occurrence with trusts. However, where there is incapacity or conflict the assistance of the court can be required.
Where the assistance of the court is required the general principle is “to appoint the person or persons best suited to administer the Trust in the circumstances prevailing.” This concept will be explored in the webinar, which will reflect on matters the court will take into consideration and the different ways in which trustees can be removed, retire and appointed by reference to trust terms, the Trustee Act 1956 and the inherent jurisdiction of the High Court.
The fiduciary aspects of the exercise of appointor powers with respect to the appointment and retirement of trustees will be explored.
The webinar will also canvas the do’s and don’ts of appointment and removal and will explain the cost considerations and long-term issues where appointment and removal of trustees are not adequately progressed.
Current views on the exercise of powers of appointment by an attorney under an enduring power of attorney will be considered by reference to recent case law, as will the role of the protector with respect to the appointment and removal of trustees.
Practical examples will be provided by reference to cases including
Attendees will learn the differences between the procedure that related to retirement and removal; how to review appointment and removal provisions in trust deeds; what matters should be addressed in a deed of appointment and removal / retirement of trustee.
This webinar is targeted at practitioners at all levels but will be of particular benefit to practitioners who advise trustees or who are trustees or directors of trustee companies.
Vicki Ammundsen, Director, Vicki Ammundsen Trust Law Limited
1.25 CPD Hours