Part III Modernity, 5 Regulating the Office of Trustee

Subject(s):

Performance of contract

This chapter explores how the office of trustee is the central administrative cog that exists above and beyond any person who assumes that office for the time being until such time as the trust is performed. Given its centrality to trust administration, the Court’s power to regulate the office of trustee is an important part of the supervisory jurisdiction over trust administration. This process can be dissected into three main aspects: appointment of trustees; removal and retirement of trustees; and fixing the remuneration of trustees. As administrative and protective functions that regulate the office of trustee to facilitate the performance of trusts, these functions are key aspects of the supervisory jurisdiction over trust administration.