Jointly owned property and other trustee mattersProperty and affairs applicationDeputies:trustee matters, andDeputies:jointly owned property, andApplications:property and affairs casesProperty and affairs applicationDeputies:trustee matters, andDeputies:jointly owned property, andApplications:property and affairs casesProperty and affairs applicationDeputies:trustee matters, andDeputies:jointly owned property, andApplications:property and affairs cases
7.102In cases where P is a trustee, a deputy may not be given power to exercise P’s functions as a trustee.
1MCA 2005 s20(3). An application will need to be made to the court for the appointment of a new trustee to act in P’s place.
7.103This is most commonly found where P is the co-owner of real property as this is a form of trusteeship. P will usually need to be removed from the title to the land and a new trustee appointed in order for a sale of the land to take place.
7.104An application to the court to appoint a trustee can be made by reference to PD 9G. This sets out the information that the court will require in order to consider the application.