Equity XXV
13)
Equity will not allow a trust to fail for want of a trustee – the maxim speaks
for itself and as far as a trust is concerned, it takes precedence regardless
of whether the settlor has appointed a trustee or not and in the absence of a
trustee, whoever has legal title will be considered or regarded as a trustee or
the court will appoint someone to act as trustee and in instances where the
appointed trustee is dead, the court will step in to appoint a new trustee.
Copyright
© 2019 by Dyarne Jessica Ward
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