If a trust document fails to name a trustee, what will the court typically do?

• A. Appoint a trustee on application of an interested party.
• B. Declare the trust invalid.
• C. Construe the document as a will.
• D. Wait for the settlor's subsequent amendment.

Answer: (A)

When a trust document doesn’t name a trustee, the mechanism to keep the trust workable is for the court to appoint one. A trust needs a fiduciary to manage assets, carry out the terms, and handle distributions. If no trustee is named, there’s a gap that prevents the trust from operating, so the court steps in to fill that vacancy by appointing a trustee upon the request of an interested party, such as a beneficiary or potential trustee.

This approach preserves the settlor’s intent and avoids forcing the trust to fail or fall into intestacy. It’s not about declaring the trust invalid, and it’s not about treating the instrument as a will. It also isn’t reasonable to wait for the settlor to amend the document after the fact; the court provides a timely solution to administer the trust as intended.