Extent of authority of a trustee
When a trustee under a written instrument declines, resigns, dies, or is removed before the objects of the trust are accomplished and no adequate provision is made in such instrument for supplying the vacancy, the proper Regional Trial Court may, after due notice to all persons interested, appoint a new trustee to act alone or jointly with the others, as the case may be.
Such new trustee shall have and exercise the same powers, rights, and duties as if he had been originally appointed and the trust estate shall vest in him in like manner as it had vested or would have vested in the trustee in whose place he is substituted.
The court may order such conveyance to be made by the former trustee or his representatives or by the other remaining trustees, as may be necessary or proper to vest the trust estate in the new trustee, either alone or jointly with the others (Sec. 3, Rule 98, RoC).
Atty. Alvin Claridades 