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Chapter 12 Multiple choice questions
Return to Complete Equity and Trusts 5e Resources
Chapter 12 Multiple choice questions
Quiz Content
*
not completed
.
Which of the following cannot be a trustee?
A foreign national
correct
incorrect
A relative of the settlor or testator
correct
incorrect
A child
correct
incorrect
A company
correct
incorrect
*
not completed
.
What is the maximum number of trustees that can be appointed?
Four
correct
incorrect
Two
correct
incorrect
Ten
correct
incorrect
There is no maximum number
correct
incorrect
*
not completed
.
A judicial trustee is:
A trust corporation
correct
incorrect
A judge who takes over the running of the trust
correct
incorrect
A trustee appointed by the court
correct
incorrect
A government official who acts as trustee of small trusts
correct
incorrect
*
not completed
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How does a trustee disclaim their office?
By drawing up a deed
correct
incorrect
Doing as little as possible
correct
incorrect
Replacing themselves with another trustee
correct
incorrect
Leaving the country
correct
incorrect
*
not completed
.
Which of the following persons does
not
have the power to appoint replacement trustees under section 36 of the Trustee Act 1925?
The settlor
correct
incorrect
Persons nominated in the trust instrument
correct
incorrect
The surviving or continuing trustees
correct
incorrect
The personal representatives of the last surviving trustee
correct
incorrect
*
not completed
.
Which of the following would allow the removal of a trustee under section 36 of the Trustee Act 1925?
Charging excessively high fees
correct
incorrect
Allowing the trust fund to decline in value
correct
incorrect
Ignoring the wishes of the beneficiaries
correct
incorrect
Living outside the UK for two years
correct
incorrect
*
not completed
.
The beneficiaries have the power to replace trustees under section 19 of the Trusts of Land and Appointment of Trustees Act 1996. Why is this power of limited use?
The trustees can refuse
correct
incorrect
A court order is needed
correct
incorrect
The power to remove is limited to very specific circumstances
correct
incorrect
All the beneficiaries must agree
correct
incorrect
*
not completed
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In Re Tempest
(1865-66) LR 1 Ch App 485 a different trustee was appointed because
The beneficiaries wanted a different trustee
correct
incorrect
The testator wanted a different trustee
correct
incorrect
The trustee favoured one group of beneficiaries over another
correct
incorrect
His fellow trustee wanted a different trustee
correct
incorrect
*
not completed
.
The court will remove a trustee if
The trustee is in breach of trust
correct
incorrect
The trustee is incompetent
correct
incorrect
The welfare of the beneficiaries requires it
correct
incorrect
The trustee is in conflict with the other trustee(s)
correct
incorrect
*
not completed
.
How should a trustee be replaced?
In writing
correct
incorrect
Orally
correct
incorrect
By deed
correct
incorrect
Approved by the court
correct
incorrect
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