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What are the duties of an appointor?

The primary role of an appointer/s is to appoint and remove trustees (who administer the trust). In that sense, they have the ultimate power as they control the decision-makers.

It is possible and often advisable to have more than one appointor. In the event that one of the appointers dies or becomes incapable of carrying out their duties, the other becomes the sole appointor and can continue with the role. If both pass away, or there is just one appointer who is no longer able to fulfil their obligations, the legal personal representative holds the appointer’s power.
An appointer can resign from their post and assign someone in their position.

In terms of joint appointment, appointors are often founding members of the trust, such as primary beneficiaries. They are usually individuals but can be companies.

It is a requirement that appointers act unanimously. Should a disagreement arise, a method of dispute resolution is provided for in the trust deed. 

The role of appointer is extremely important and should be thoughtfully considered.

This information is of a general nature only and does not constitute professional advice. You must seek professional advice in relation to your particular circumstances before acting.

Updated — Jul 7, 2017

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