B4
[Subsidiary]
Removal of restriction as to appointment of certain persons to be trustees.
Power to make vesting or other orders.
Appointment of Registrar General.
CAP. 29]
Judicial Trustee Rules.
[1964 Ed.
(d) short particulars of the trust property, with an approximate estimate of its income, and capital value;
(e) short particulars of the incumbrances (if any) affecting the trust property:
(f) a statement whether it is proposed that the judicial trustee should be a sole trustee or should act jointly with other trustees;
(g) particulars as to the persons who are in possession of the documents relating to the trust;
(h) the names and addresses of the beneficiaries and short particulars of their respective interests;
(i) any exceptional circumstances specially affecting the administration of the trust.
(2) An affidavit by the applicant verifying the statement shall be sufficient prima facie evidence of the particulars contained in the statement.
(3) Where the applicant cannot gain the information necessary for making the required statement on any point, he must mention the fact in his statement.
5. (1) The court shall not be precluded by any existing practice as to the appointment of trustees from appointing any person to be a judicial trustee by reason of that person being a beneficiary, or a relation or husband or wife of a beneficiary, or a solicitor to the trust or to the trustee, or to any beneficiary, or a married woman, or standing in any special position with regard to the trust.
(2) A person may be appointed to be a judicial trustee of a trust although he is already a trustee of the trust.
6. On the appointment of any person to be judicial trustee the court shall make such vesting or other orders and exercise such other powers as may be necessary for vesting the trust property in the judicial trustee either as sole trustee or jointly with other trustees as the case requires.
Appointment of Official of Court to be Judicial Trustee.
7. (1) Where an official of the court is appointed judicial trustee, the Registrar General shall be so appointed, unless, for special reasons, the court directs that some other official of the court shall be so appointed.
(2) Any official of the court appointed to be a judicial trustee shall, on his ceasing to hold office, cease to be such a trustee without any formal resignation.