Section 24: Protector of trust

24. Protector of trust (1) The terms of a trust may provide— (a) for the office of protector of the trust, whose functions shall be to advise the trustee of the trust, and who shall have such powers as may be conferred; T22 – 13 [Issue 1] Trusts Act (b) that the exercise by the trustees of any of their powers and discretions shall be subject to the prior consent of the protector. (2) The trust instrument may appoint as protector, any person of full age and of sound mind, including the settlor, or any body corporate, firm, partnership or group of persons, whether incorporate or unincorporate. (3) Unless otherwise provided in the terms of the trust, the protector shall have the power to— (a) remove a trustee and appoint a new or additional trustee; (b) determine the law of the jurisdiction which shall be the proper law of the trust; (c) change the forum of administration of the trust; (d) withhold consent to specified actions of the trustees either conditionally or unconditionally. (4) A person exercising any of the powers referred to in subsection (3) shall not by reason only of the exercise of the power be deemed to be a trustee, and unless otherwise provided under the terms of the trust, shall not be liable to the beneficiaries or the trustees for the bona fide exercise of the power. (5) The protector of a trust may also be a settlor, trustee or beneficiary of the trust. (6) Where there is more than one protector of a trust, any functions conferred on the protectors may be exercised, subject to the terms of the trust, by a majority of the number of protectors. (7) A protector who dissents from a decision of the majority of protectors may require his dissent to be recorded in writing.