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(1)The court may, as regards any trust—
(a)on the application of one or more of the trustees or of any person with an interest in the trust property, appoint an additional trustee if the court considers it necessary to do so for the administration of the trust, or
(b)if no capable trustee exists or is traceable, appoint a new trustee on the application of any person with an interest in the trust property.
(2)The court ceases to have power at common law to appoint a trustee.
(3)The making of an appointment under subsection (1)(b) removes any existing trustee from the office of trustee.
(4)This section applies irrespective of when the trust was created.
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Text created by the Scottish Government to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills.
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