Short answer. Yes. Rule 98, Section 3 lets the court, after due notice to interested persons, appoint a new trustee when the original declines, resigns, dies, or is removed and the instrument makes no adequate provision for the vacancy, with the estate vesting in him as it did in the original.
What the law says
When a trustee under a written instrument declines, resigns, dies, or is removed before the objects of the trust are accomplished, and no adequate provision is made in such instrument for supplying the vacancy, the proper Court of First Instance may, after due notice to all persons interested, appoint a new trustee to act alone or jointly with the others, as the case may be.
Rule 98, Section 3 — Appointment and powers of new trustee under written instrument. Read the full provision →
When this applies
The section covers a trustee who declines, resigns, dies, or is removed before the objects of the trust are accomplished, combined with the fact that no adequate provision is made in such instrument for supplying the vacancy — the document itself is silent on what to do next. Where the trust instrument does already provide its own mechanism for naming a successor, that provision generally governs instead, and this section fills the gap only when no such mechanism exists.
Notice before appointment
The court acts after due notice to all persons interested, and may appoint the replacement to act alone or jointly with the others if there were co-trustees remaining. Requiring notice to interested persons gives beneficiaries and others with a stake in the trust a genuine chance to be heard before someone new is placed in control of the trust property, rather than having a successor imposed without their knowledge.
Full transfer of powers and property
The new trustee has the same powers, rights, and duties as if he had been originally appointed, and the trust estate vests in him in like manner as it had vested or would have vested, in the trustee in whose place he is substituted. This means the replacement steps fully into the deceased trustee's shoes, with no gap or diminishment in authority over the trust property or its administration.
Formal conveyance where needed
The court may also order conveyance to be made by the former trustee, his representatives, or the remaining trustees, as necessary or proper to actually vest the trust estate in the new trustee — the replacement is not left to happen informally. This matters especially where the trust property includes real estate or other assets requiring a formal deed or instrument of transfer to change hands in the public record.
Related provisions
- Rule 98, Section 3 — Appointment and powers of new trustee under written instrument
- Rule 98, Section 2 — Appointment and powers of trustee under will; Executor of former trustee need not administer trust