Section 20(1)

This section applies where— a trustee lacks capacity (within the meaning of the Mental Capacity Act 2005) to exercise his functions as trustee, there is no person who is both entitled and willing and able to appoint a trustee in place of him under section 36(1) of the Trustee Act 1925, and the beneficiaries under the trust are of full age and capacity and (taken together) are absolutely entitled to the property subject to the trust.

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Source: legislation.gov.uk · retrieved 2026-08-15