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Administration Of Trusts Notes

GDL Law Notes > GDL Equity and Trusts Notes

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A more recent version of these Administration Of Trusts notes – written by Cambridge/Bpp/College Of Law students – is available here.

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E&T: Administration of Trusts Appointment and Removal of Trustees

matters to consider:

1. capacity to be a trustee

2. no. of trustees required

3. appointment of trustees

4. retirement + removal of trustees. sources of rules:

1. trust instrument: usually governs.

2. Trustee Act 1925: provisions often adequate, but overruled by trust instrument.

Capacity: anyone with capacity to hold property, but no children. s20 LPA 1925: appointment of infant to be trustee in relation to any settlement void (even personal property).

Number of trustees maximum: trust of personalty: no maximum (but in practice, hard to agree if too many). trust of land: 4 (if more appointed, first 4 named willing/able act) - s34 Trustee Act 1925. minimum: generally, only 1. but: receipt of capital money from land: 2 trustees, unless sole trustee is trust corporation - s27(2) LPA; s14(2) Trustee Act 1925; ss18(1), 94, 95 Settled Land Act 1925. no requirement to maintain same number: unless specif ied in trust instrument.

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