Who can be a trustee: appointment of a minor is void (LPA 1925 s.20)
By her will, Precious Ndlovu, who died in England in 2025, left her investment portfolio to 'my brother Tendai and my daughter Rudo as trustees' on trust for her grandchildren. When Precious died, Tendai was 45 and Rudo was 16. Tendai asks what effect Rudo's age has on the trust.
Which of the following best describes the position?
Choose one answer to see the reasoning.
Worked answer
Correct answer A: Rudo's appointment is void, but the trust takes effect with Tendai as trustee and the vacancy may be filled.
THE RULE TO REMEMBER
The appointment of a person under 18 as trustee of any settlement or trust is void, without affecting the power to appoint a new trustee (LPA 1925 s.20).
Who can be a trustee: appointment of a minor is void (LPA 1925 s.20)
Section 20 of the Law of Property Act 1925 provides that the appointment of an infant (a person under 18) as a trustee in relation to any settlement or trust is void. The section applies to any settlement or trust, not only trusts of land, so it covers a portfolio of investments. It expressly preserves the power to appoint a new trustee to fill the vacancy. Rudo's appointment is therefore void. The trust does not fail, because equity does not allow a trust to fail for want of a trustee, and in any case Tendai has been validly appointed and can act. A replacement trustee may be appointed under the statutory power in section 36 of the Trustee Act 1925, which lists being an infant among the grounds for replacing a trustee. Once Rudo turns 18 she could be appointed afresh if that is wanted.
Why B is wrong: Section 20 makes the appointment void, not suspended until majority.
Why C is wrong: The trust survives: Tendai is a valid trustee and the vacancy can be filled.
Why D is wrong: Parental consent cannot validate an appointment the statute declares void.
Why E is wrong: Section 20 applies to 'any settlement or trust', whatever the property.
A little more practice done.
Related questions
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Which of the following best describes the trustees' power under section 32 of the Trustee Act 1925?
Trustees' duties when investing: standard investment criteria and proper advice (TA 2000)
Which of the following best describes the trustees' duties?
Statutory maintenance: contingent beneficiary entitled to income at 18 (TA 1925 s.31)
What is the trustees' position regarding the income of the trust fund from now on?
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