10 Appointment, Removal & Retirement of Trustees Flashcards

1
Q

What happens when a trustee leaves the UK and remains outside of the UK for more than 12 months?

A

Where a trustee remains outside of the UK for more than 12 months, they can be replaced (s. 36(1) of the Trustee Act 1925).

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2
Q

Who can be appointed a trustee?

A

General rule: any adult person

Exceptions: person considered unfit to act if:
- they are an undischarged bankrupt
- they have been convicted of offenses involving dishonesty or deception
- they lack capacity to act due to mental disorder, ill health or other disability

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