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With testamentary trusts, however, the trustee is nominated by the testator's will and must be appointed by the court after probate. Successor testamentary trustees must also seek court appointment. Often, the court proceeding is merely a confirmation of the testator's nomination.
Successor Trustee is the person or institution who takes over the management of a living trust property when the original trustee has died or become incapacitated. The exact responsibilities of a successor trustee will vary depending on the instructions left by the creator of the trust (called the Grantor).
The successor trustee may be the primary beneficiary of the trust. However, the successor trustee can be anyone you trust. For example, the successor trustee can be a close friend, an adult child, your spouse, your lawyer, an accountant, or a corporate trustee.
Grantors can choose to nominate a close relative, family friend, or even financial institution to take on the role of Successor Trustee. A Grantor will name their Successor Trustee within a document called a Declaration of Trust, which is also where their role will be explained.
For trusts set up during your lifetime, you will appoint your Trustees in the trust deed ? the legal documentation which creates the trust. Deeds may also be executed to appoint or remove trustees whilst the trust is ongoing. Ordinarily, a maximum of four Trustees can be appointed.