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HMRC internal manual

Capital Gains Manual

Trustees: appointment of trustees

In the case of an express trust the main ways of appointing trustees in England and Walesare as follows.

  1. Under an express power in the deed. Often this power is kept by the settlor during his lifetime. (The possession of this power does not make someone a trustee)

  2. Under Section 36(1) Trustee Act 1925. This provides for the appointment of replacement trustees if one wishes to retire or one of the conditions for removal is present, see CG33351.

  3. Under Section 36(6) Trustee Act where trustees who are individuals wish to increase their number to not more than four.

  4. Under Section 19 Trusts of Land and Appointment of Trustees Act 1996, where there is no person nominated to appoint new trustees, and the beneficiaries of the settlement “are of full age and capacity and are (taken together) absolutely entitled to the property subject to the trust” and give notice to the existing trustees to appoint a trustee.

  5. By order of the High Court.

For (b) and (c), if there is no one nominated in the deed to appoint trustees, thecontinuing trustees have the power of appointing new ones.