P ART 1 5 T RUSTS C HAPTER 1 A PPOINTMENT , ASSUMPTION , RESIGNATION , REMOVAL AND DISCHARGE OF TRUSTEES Appointment or assumption 1 Appointment of additional or new trustee by court: general 10 (1) The court may, as regards any trust— 1 (a) on the application of one or more of the trustees or of any person with an interest in the trust property, appoint an additional trustee if the court considers it necessary to do so for the administration of the trust, or (b) if no capable trustee exists or is traceable, appoint a new trustee on the application 15 of any person with an interest in the trust property. (2) The court ceases to have power at common law to appoint a trustee. (3) The making of an appointment under subsection (1)(b) removes any existing trustee from the office of trustee. (4) This section applies irrespective of when the trust was created. 20 2 Appointment of new trustee by truster (1) Except in so far as the trust deed, expressly or by implication, provides otherwise (or, in a case where there is no trust deed, the context requires or implies otherwise), if no capable trustee exists or is traceable the truster may appoint a new trustee. (2) The making of an appointment under subsection (1) removes any existing trustee from 25 the office of trustee.