
Dispute Resolution
Removal of Trustees
Overview
We act for trustees, executors, personal representatives and for individuals claiming against estates, trustees or other parties
How can a trustee be removed?
The most straightforward way to remove a trustee is to rely on an express power in the trust deed.
The Trust of Land and Appointment of Trustees Act 1996 allows beneficiaries, who are of full age and capacity and who are absolutely entitled to the property subject to the trust, to unanimously agree to replace a trustee. The power is only available in the instance that there is no provision in the trust instrument to appoint other trustees and the power under the Act is not excluded in the trust instrument.
The last resort is to look to the court to remove a trustee either by statutory power pursuant to s41 of the Trustee Act 1925 or under its inherent jurisdiction.
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