SQE Practice Exam 2026 – Complete Preparation Guide

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What role does a trustee play when appointing a new trustee?

A trustee must always obtain court permission

A trustee can appoint without needing to notify beneficiaries

A trustee can only appoint a new trustee with the agreement of all parties

A trustee acts independently if the appointment is straightforward

When a trustee is involved in appointing a new trustee, they often have the authority to act independently in straightforward situations. Generally, the ability to appoint a new trustee is outlined in the trust deed, which may allow the existing trustee to make such appointments without needing to seek permission from the court or the beneficiaries, especially when the circumstances are clear-cut.

In straightforward cases, a trustee may rely on the terms of the trust to guide their decision-making process, enabling them to act without delays or seeking consensus from all parties involved. This aspect of trustee autonomy is crucial for the effective and efficient management of the trust, ensuring that the trust's affairs can continue without disruption.

Other responses, such as needing court permission or requiring unanimous agreement from all beneficiaries, add unnecessary complications to the process in situations where the trust allows for simpler procedures. Thus, the ability for a trustee to act independently when appointing a new trustee is foundational for trust administration and reflects the intended efficiency in trust management.

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