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Trustee Act (Northern Ireland) 2001

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This is the original version (as it was originally enacted).

Appointment of substitute for incapable trustee

This section has no associated Explanatory Notes

35.—(1) This section applies where—

(a)a trustee is incapable by reason of mental disorder (within the meaning of the Mental Health Order) of exercising his functions as trustee;

(b)there is no person who is both entitled and willing and able to appoint a trustee in place of him under section 35(1) of the Trustee Act (Northern Ireland) 1958 (c. 23); and

(c)the beneficiaries under the trust are of full age and capacity and (taken together) are absolutely entitled to the property subject to the trust.

(2) The beneficiaries may give to—

(a)a controller appointed for the trustee under Article 101 of the Mental Health Order;

(b)an attorney acting for the trustee under the authority of a power of attorney created by an instrument which is registered under Article 8 of the Enduring Powers of Attorney (Northern Ireland) Order 1987 (NI 16); or

(c)a person authorised for the purpose by the High Court under Part VIII of the Mental Health Order,

a written direction to appoint by writing the person or persons specified in the direction to be a trustee or trustees in place of the incapable trustee.

(3) In this section “the Mental Health Order” means the Mental Health (Northern Ireland) Order 1986 (NI 4).

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