8(1)In this Division, “designated person” means, in relation to a trust, the first of the following, proceeding in descending order, who is able and willing to act:
(a)
the person nominated by the trust instrument for the purpose of appointing a replacement trustee;
(b)
except in relation to paragraph 11(1)(a), the continuing trustees;
(c)
if there are no continuing trustees, the personal representatives of the last trustee to die.
8(2)If more than one person is nominated by a trust instrument for the purpose of appointing a replacement trustee, the nominated persons may act by majority.
8(3)If a majority of the nominated persons cannot agree on the appointment of a replacement trustee, the nominated persons are deemed for the purposes of subsection (1) to be unable to act.
8(1)In this Division, “designated person” means, in relation to a trust, the first of the following, proceeding in descending order, who is able and willing to act:
(a)
the person nominated by the trust instrument for the purpose of appointing a replacement trustee;
(b)
except in relation to paragraph 11(1)(a), the continuing trustees;
(c)
if there are no continuing trustees, the personal representatives of the last trustee to die.
8(2)If more than one person is nominated by a trust instrument for the purpose of appointing a replacement trustee, the nominated persons may act by majority.
8(3)If a majority of the nominated persons cannot agree on the appointment of a replacement trustee, the nominated persons are deemed for the purposes of subsection (1) to be unable to act.