Cap. 331 Art. 19Acceptance of trust.

(1) No one is obliged to accept an appointment as trustee, but if any person who is so appointed does any act or thing in relation to the trust property consistent with the status of a trustee of that property, such person shall be deemed to have accepted the appointment as trustee.

(2) A trustee who has not accepted and is not deemed to have accepted appointment as trustee may disclaim such appointment within a reasonable period of time after becoming aware of it by notice in writing to the testamentary executor, protector, settlor or to the co-trustees.

(3) If the settlor is dead or cannot be found and there are no other trustees, the testamentary executor, protector, or the trustee to which subarticle (2) applies may apply to the court for relief from the appointment and the court may make such order as it thinks fit.

(4) In the case of a trust created in a will, when the trustee does not act either in terms of subarticle (2) or in terms of subarticle (3) within three months of the date of the death of the settlor, the testamentary executor, the protector or the heirs may, and the notary who published the will, or the Notary keeper of his deeds shall, apply to the Court for the appointment of a trustee in accordance with the terms of the trust and this Act:

Provided that the notary who published the will or the notary keeper of his deeds shall not be held liable for breach of duty under this sub-article if he proves that he was not aware of the death of the settlor.

(5) Until such time as the appointment of a trustee is accepted, all persons in control of trust property shall be obliged to preserve the trust assets and shall be bound by fiduciary obligations towards the beneficiaries.

(6) Without prejudice to the forgoing sub-articles, the obligations of the trustee under this Act shall be deemed to commence once the trustee obtains control of the trust assets.