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TRUSTEE ACT (NORTHERN IRELAND) 1958 - SECT 40



40.(1) The court may, whenever it is expedient to appoint a new trustee or
new trustees, and it is found inexpedient, difficult or impracticable so to do
without the assistance of the court, make an order appointing a new trustee or
new trustees either in substitution for or in addition to any existing trustee
or trustees, or although there is no existing trustee.

(2) In particular and without prejudice to the generality of sub-section (1),
the court may make an order appointing a new trustee in substitution for a
trustee who ... is a bankrupt, or is a corporation which is in liquidation or
has been dissolved, or who for any other reason whatsoever appears to the
court to be undesirable as a trustee.

(3) An order under this section, and any consequential vesting order or
conveyance, shall not operate further or otherwise as a discharge to any
former or continuing trustee than an appointment of new trustees under any
power for that purpose contained in any instrument would have operated.

(4) Nothing in this section gives power to appoint an executor or
administrator.


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© 1958 Crown Copyright

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