How our removal of trustees specialists can help

removal of trustees frequently asked questions

A trustee must at all times act in the best interests of the trust. They must act with honesty, integrity and in good faith. They must act in accordance with the terms of the trust deed and to do otherwise which amount to a breach of trust. E.g. a trustee is not allowed to pay money out to anyone who is not named as a beneficiary of the trust, even if they think they are doing the right thing. Trustees must also ensure that there is no conflict between their interests and those of the trust e.g. selling trust assets to themselves at a price much lower than the market value. They should also act impartially between the beneficiaries and not prefer one over the other, unless the trust deed specially permits it.
If a rogue trustee is failing in their duties then either their fellow trustees or beneficiaries of the trust can request that a trustee voluntarily steps down. As long as there are enough trustees remaining then the trustee can simply retire or else they can appoint someone else in their place before stepping down.
Given the decisions that trustees are expected to make, it’s quite common that not all the beneficiaries would be happy about a trustee’s decision and want them removed. Read below for more information on the grounds for trustees to be removed.

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