Appendix B Searches

pay ab
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trustee;
« do everything necessary to vest the assets of the trust in the new trustee;

e do everything reasonably required by the new trustee to hand over to the new
trustee possession and control of any assets in the hands of third parties;

e do everything reasonably required by the new trustee to inform the new trustee
of the full state of affairs of the trust.
Appointor may appoint appointor
50 The appointor may appoint a person as an additional or replacement appointor. The
-appointor may do so by deed.
Appointor may remove appointor in certain circumstances

51 Where an appointor has appointed an additional appointor (second appointor) pursuant
to the power set out in clause 50, that appointor may remove the second appointor at any
time. That appointor may do so by deed.

Appointor may appoint replacement by will

52 The appointor may appoint a person as a replacement by will. The will is effective for
this purpose unless the appointor has revoked the power to appoint an appointor prior to
the appointor's death.

Appointor on insolvency or if power not exercised

53 If a sole individual appointor:

¢ dies and has not appointed a replacement by deed or by will and has not
revoked the power to appoint an appointor, then the named beneficiaries or the
surviving named beneficiary becomes appointor on the appointor's death; or

« becomes mentally or physically incapable of fulfilling the role of appointor, the
appointor's legal personal representative becomes appointor for so long as that
incapacity continues.

If a sole company appointor enters into compulsory or voluntary liquidation (except for the
purposes of amalgamation or reconstruction), or has an administrator, receiver, controller
or receiver and manager appointed to any part of its assets, then the named beneficiaries
or the surviving named beneficiary becomes appointor.

In either case, if there is no surviving named beneficiary, then:

e ifthe appointor is the sole individual appointor, that person's lega! personal
representative becomes appointor; or

° ifthe appointor is the sole company appointor, there will be no replacement
appointor.

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