While the trustee is the person or entity that is appointed by the settlor upon the creation of the trust fund to administer the trust fund for the benefit of the beneficiaries, the ultimate control of the trust fund rests with the appointor as the person who has the ultimate power to replace the trustee .

By virtue of this power to replace the trustee of the trust fund, the role of the appointor is therefore the single most powerful role in a discretionary trust arrangement.

In our experience, this role is the least considered on establishment of a trust. Given the power of the appointor, careful consideration.should be given to the appointment, and to the appointor clause in the trust deed.


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