Chapter 6
Appointment and removal of trustees


6.1This chapter addresses topics relating to the appointment and removal of trustees. The following specific issues are covered:

6.2We have been advised that these areas cause problems in the day to day administration of trusts due to a lack of clarity in statutory default provisions or processes, or an outdated approach that no longer meets the needs of modern trust practice. Our preferred approach is to modernise the statutory defaults for these areas of trust administration, and to provide more robust guiding principles and mechanisms for appointment and removal. Some of the statutory defaults will include mandatory aspects, such as the requirement that trustees be over the age of 18 years. We also propose the legislation give the Public Trust certain administrative roles in relation to the appointment and removal of trustees.

6.3Although this chapter is separated into sections, the proposals have been designed to work together and are best read as an overall package.