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In certain situations, dissatisfied beneficiaries may wish to remove a trustee from their position, or replace them with another. Alternatively, a trustee may simply wish to resign from their role.
In either case, the process can vary depending on numerous factors including whether the person in question is a trustee of a trust or the executor of an estate, whether the trust deed in question allows for the retirement and replacement of trustees, whether the matter is disputed, the conduct of the trustee and whether there has been any maladministration by them.
Often, the relationship between the connected parties to the trust may have deteriorated to an extent which renders the management of the trust impracticable and impossible. Ultimately, an application may have to be made to the court to remove a trustee if no option is included within the trust document itself, or the trustee refuses to resign.
We are able to provide advice regardless of whether you are a beneficiary who wishes to remove a trustee, a trustee who wishes to step down from their role and thinks they may be entitled to an indemnity, or a trustee who wishes to remain a trustee against the wishes of a beneficiary. We can provide guidance on what processes are required, whether the trust document or statutory provisions should be relied upon, and whether an application will have to be made to the court.
If you feel that you may require specialist legal advice in relation to a contentious trust, please contact us on 020 3928 7102 or email email@example.com.