The maxim that "The Trust Will Not Fail For Want of a Trustee " is applicable in this setting where it means that if no trustee designated or designated trustee disclaim, dies or incompetent after creation, then court will appoint a substitute unless creation depends on specific person serving as trustee.
As a result, the court will appoint a trustee under s41 Trustee Act 1925 or the intervention of public trustee.
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