Whilst I agree with Malcolm that s.36 Trustee Act 1925 does not address thus situation, I recall (in a former life) being told by counsel that in such a situation the executor is a de facto trustee and should formally appoint trustees, whose number could include themselves.
I am sure that counsel will have identified the authority for this, but I have no access to any documents. I am inclined to think it relied upon case law, rather than statute, having had a quick look at both the Administration of Estates Act 1925 and the Law of Property Act 1925.
If the text books provide no support, it may be necessary to consider applying to court for the appointment of trustees, in which case I suggest running the matter past Chancery counsel sooner rather than later, as their services may be required to move the matter forward in any event.
Paul Saunders FCIB TEP
Independent Trust Consultant
Providing support and advice to fellow professionals