24 August 2018
Trusts - Appointment of appointor
Hi Mentor
Is it necessary for an appointor to consent to be appointed as an appointor of a trust?
Thank you in advance.
Thank you for the question.
Consent is logically required, but not mandated.
A trust need not have an appointor and the role is not statutorily defined. If an appointor is created under the trust deed, the powers conferred on the appointor and the terms of the appointment will depend on the terms of the deed.
An appointor who has not specifically consented to perform the role might resign when called upon to act, in which case it would be prudent to ensure that the deed deals with the resignation of an appointor.
Regards
Mentor
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