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Removing Trustees.

Removing Trustees.

Postby Hairyloon » Wed Apr 05, 2017 8:45 am

By what mechanisms can a trustee cease to be a trustee? Obviously they can resign, but the question relates more to removing a trustee who is not wanted.
In relation to resignation, is there a formal process to follow? Or can they just stand up and say that they are henceforth no longer a trustee?
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Re: Removing Trustees.

Postby atticus » Wed Apr 05, 2017 8:55 am

The answers are many and varied, as are the circumstance in which trusts are created and trustees sppointed. In some cases resignation may be sufficient, in others a court order may be needed. Sometimes a trustee cannot get out of that position.
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Re: Removing Trustees.

Postby Hairyloon » Wed Apr 05, 2017 9:08 am

atticus wrote:The answers are many and varied, as are the circumstance in which trusts are created and trustees sppointed.

How might I narrow down the question?
In some cases resignation may be sufficient, in others a court order may be needed. Sometimes a trustee cannot get out of that position.

Are there any circumstances in which someone can simply "dismiss" them? I don't think "dismiss" is the right word here, but I trust you know what I mean.
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Re: Removing Trustees.

Postby theycantdothat » Wed Apr 05, 2017 9:11 am

You will find the statutory provisions here:

http://www.legislation.gov.uk/ukpga/Geo ... 9/part/III

http://www.legislation.gov.uk/ukpga/1996/47/part/II

Up to a point the above are default provisions. The trust deed may provide a mechanism for the removal of trustees.
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Re: Removing Trustees.

Postby Hairyloon » Wed Apr 05, 2017 9:17 am

Thank you.
If nothing else, it has given me the right word: trustees are discharged not dismissed.
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