The Protector of a Trust

(1) The terms of a trust may provide for the office of protector of the trust. (2) The protector shall have the following powers– (a) (unless the terms of the trust shall otherwise provide) the power to remove a trustee and to appoint a new or additional trustee; and (b) such further powers as are conferred on the protector by the terms of the trust or of this Act. (3) The protector of a trust may also be a settlor, a trustee or a beneficiary of the trust. (4) In the exercise of his office, the protector shall not be accounted or regarded as a trustee. (5) Subject to the terms of the trust, in the exercise of his office a protector shall owe a fiduciary duty to the beneficiaries of the trust or to the purpose for which the trust is created. 20 (6) Where there is more than one protector of a trust then, subject to the terms of the trust, any functions conferred on the protectors may be exercised if more than one half of the protectors for the time being agree on its exercise. (7) A protector who dissents from a decision of the majority of protectors may require his dissent to be recorded in writing.