When a trustee dies, the trust carries on, and the Trustee Act 1925 supplies the machinery for filling the gap. This chapter opens with that core equitable principle and the framework of sections 36, 40 and 41, before working through the s 36 power of appointment — when it arises, who may exercise it and in what order, the form it must take, and the powers a new trustee acquires. It then covers the limits on trustee numbers where land is held, the receipt rule for overreaching, and how s 40 vests the trust property in the new trustees, including the exceptions where automatic vesting does not operate. The final sections trace what actually happens to legal title on death — survivorship between joint trustees and the position where a sole trustee dies — the court's residual powers of appointment and vesting under ss 41 and 44, and when a person named as trustee can disclaim the office before accepting it.
