Section 29: New or additional trustees

29. New or additional trustees (1) Where the terms of a trust contain no provision for the appointment of an additional trustee, or in the absence of a protector or a power by the protector to make the appointment, such a trustee may be appointed by the persons in the following order— (a) the remaining trustees; (b) the last remaining trustee; (c) the personal representative or liquidator of the last remaining trustee; or (d) in the absence of any of the persons referred to in paragraphs (a) to (c), by the Judge in Chambers, on application by the person having an interest. (2) Subject to the terms of the trust, a trustee appointed under this section has the same functions, and may act in all respects, as if he had been originally appointed a trustee. (3) A trustee with power to appoint a new or additional trustee who refuses or fails to exercise the power may be removed from office by the Judge in Chambers, on application by a person having an interest. (4) On the appointment of a new or additional trustee, the trust property shall be deemed to vest in him jointly with his co-trustee, if any, without any conveyance or assignment. (5) No vesting of trust property in a trustee on the death, retirement or removal of a trustee shall be construed as a transfer of property or shall give rise to the levying of any tax or duty under any enactment.