Section 41

jl) Where a trustee either original or substituted and whether appointed by the Court or otherwise is dead or desires to be discharged from all or any of the trusts or powers reposed in or conferred on him or refuses or is unfit to act therein or is incapable of acting therein or is a minor, then -

{a)

the person or persons nominated for the purpose of appointing new trustees by the trust instrument; or

{b)

if there is no such person or no such person able and willing to act, then the surviving or continuing trustee or trustees for the time being or the personal representatives of the last surviving or continuing trustee, may, by writing, appoint one or more other persons (whether or not residing in

Brunei Darussalam and whether or not being the persons exercising the power) to be a trustee or trustees in the place of the trustee so deceased, desiring to be discharged, refusing, or being unfit or being incapable, or being a minor, as aforesaid.

Where a trustee has been removed under a power contained in the trust instrument, a new trustee or new trustees may be appointed in the place of the trustee who is removed as if he were dead or in the case of a corporation as if the 1159

Where a corporation being a trustee is in liquidation or has been dissolved or has been removed from the register of companies or has otherwise ceased to have a corporate existence, then for the purposes of this section the corporation shall be deemed to be, and to have been from the date of the liquidation, dissolution, removal or ceasing to have a corporate existence, incapable of acting in the trusts or powers reposed in or conferred on the corporation.

The power of appointment given by subsection (1) to the personal representatives of a last surviving or continuing trustee shall be exercisable by the executors for the time being (whether original or by representation) of such surviving or continuing trustee who have proved the will of their testator or by the administrators for the time being of such trustee without the concurrence of any executor who has renounced or has not proved.

At last surviving executor intending to renounce, or all the executors where they all intend to renounce, shall have power, at any time before renouncing probate, to exercise the power of appointment given by this section if willing to act for that purpose and without thereby accepting of:fi.ce as an executor.

Whenever they in their discretion consider it to be for the bene:fi.t of the beneficiaries -

Every new trustee appointed under this section as well before as after all the trust property becomes by law or by assurance or otherwise vested in him shall have the same powers (including discretionary powers), authorities and discretions, and may in all respects act, as if he had been originally appointed a trustee by the trust instrument.