Automatic disqualification clauses in trust deeds – do they still work?

Most ‘modern’ trust deeds include automatic disqualification clauses, which remove a trustee or appointor upon certain events happening to that person.

The most common disqualification events are:

• bankruptcy of an individual trustee or appointor

• insolvency of a corporate trustee or appointor

• death, total and permanent disability or mental incapacity of an…