A change of trustee is only effective if the right mechanism is used and the trust property ends up in the right hands. This chapter starts with the framework: how trustees hold trust property and the minimum and maximum numbers the law requires, particularly for land. It then works through the statutory machinery — replacement under s 36 of the Trustee Act 1925 with its qualifying grounds and order of appointors, retirement under s 39 and the automatic vesting effect of s 40, and the collective power of beneficiaries to direct retirement under s 19 of TLATA 1996. It closes with the court's role: the statutory power to appoint under s 41 and the inherent jurisdiction to remove a trustee, with the grounds on which it is exercised.
