Mary and Nigel are trustees of a family trust. Mary died last year and Nigel would like Pieter to be appointed to replace her.
Which of the following statements is the most accurate?
A) Nigel as the sole remaining trustee may make the appointment since this is one of the powers of trustees.
B) Nigel must apply to the court for an appointment to be made.
C) Nigel should read the trust instrument because the settlor, a protector, or some other person may have the power to appoint a new trustee.
D) Nigel should ask the personal representatives of Mary to make the appointment since they stand in her shoes as trustees until a new trustee has been appointed.
Correct Answer:
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