Co Trustee Appointment Form With Example
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FAQ
Some trusts are set up to have co-trustees, which is when there is more than one trustee on the trust. And unless the trust specifically is written otherwise, co-trustees hold the same fiduciary responsibilities as a singular trustee and with an equal amount of power.
Under section 41 of the Trustee Act 1925, the court has a wide discretionary power to appoint new trustees either in addition to, or in substitution for existing trustees. The power may be exercised whenever the court considers it expedient to do so.
Co-trustee. n. a trustee of a trust when there is more than one trustee serving at the same time, usually with the same powers and obligations. Occasionally a co-trustee may be a temporary fill-in, as when the original trustee is ill but recovers.
However, using a co-trustee may allow the beneficiary to also serve as co-trustee to help maintain the tax protections. In addition, certain beneficiary protections such as protections from creditors may be lost when a beneficiary is the trustee over their own assets.
The power to appoint trustees is often contained in the trust deed and is commonly granted to either the trustee of the trust from time to time, or a third party such as the settlor or protector of the trust. Whoever has the power to appoint new or additional trustees must take into account a variety of factors.