Section 28: Number of trustees

28. Number of trustees (1) The number of trustees of a trust shall not exceed 4 of whom, at any one time, at least one shall be a qualified trustee. (2) A trust shall not terminate or the number of trustees is be invalid on the ground that— (a) there is no trustee or the number of trustees is less than the number required by subsection (1) or by the terms of the trust; (b) there is no qualified trustee in relation to the trust. (3) Where the number of trustees is less than the number required by the terms of the trust, the necessary number of additional trustees shall be appointed. (4) Where at any time there is no qualified trustee of a trust, any person having an interest in the trust may apply to the Judge in Chambers for the appointment of a qualified trustee nominated in the application. (5) The Judge— (a) on being satisfied that notice of the application has been served on the existing trustees; (b) having ascertained that the person nominated is qualified and willing to act; and (c) after hearing the Commission or its representative, may appoint that person as a trustee. (6) Until the required number is reached, or a qualified trustee is appointed, the existing trustee shall act only for the purpose of preserving the trust property. [Issue 1] T22 – 16 Revised Laws of Mauritius