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Dï5 – Australia

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Power of appointing new trustees(1)

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        12 Power of appointing new trustees(1) Where a trustee, whether original or substituted, and whether appointed by the court or otherwise—
        (c) seeks to be discharged from all or any of the trusts or powers reposed in or conferred on the trustee;

        then the person nominated for the purpose of appointing new trustees by the instrument (if any) creating the trust, or if there is no such person or no such person able and willing to act then the surviving or continuing trustee or trustees for the time being, or the personal representative of the last surviving or continuing trustee, may by writing appoint a person or persons (whether or not being the person or persons exercising the power) to be a trustee or trustees in the place of the trustee first in this subsection mentioned.

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