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To remove a trustee, a petition must be filed in probate court and a hearing will be scheduled. After an incompetent trustee has been removed, a successor will need to be appointed to take his or her place.

A trust deed normally contains a clause stipulating how new trustees are to be appointed in the event of death, incapacity or inability to serve as a trustee, and normally it is the settlor of the trust who retains the power to appoint trustees.

A trust deed normally contains a clause stipulating how new trustees are to be appointed in the event of death, incapacity or inability to serve as a trustee, and normally it is the settlor of the trust who retains the power to appoint trustees.

Successor trustees can be your adult children, other relatives, a trusted friend, or a corporate trustee (bank trust department or trust company). If you choose an individual, you should name more than one in case your first choice is unable to act.

If a trustee loses mental capacity, there may be express powers in the trust deed about the procedure for their removal or replacement. If there is no such power, the surviving trustees may be able to replace them under section 36(1) because they are incapable of acting.

To remove a trustee, a petition must be filed in probate court and a hearing will be scheduled. After an incompetent trustee has been removed, a successor will need to be appointed to take his or her place.

A trustee, who can either be the trustor or another responsible party, may be appointed while the trustor is still alive; a successor trustee is charged with administering a trust after the trustor or the appointed trustee (if they are different from the trustor) becomes incapacitated or dies.

On what grounds can a trustee be removed? There are several grounds which would justify a trustee being removed: Breach of trust – the trustee has failed to follow the terms of the trust document. Death of a trustee – being a trustee is a personal role, it cannot be passed onto the deceased' trustee's executors.

If a trustee loses mental capacity, there may be express powers in the trust deed about the procedure for their removal or replacement. If there is no such power, the surviving trustees may be able to replace them under section 36(1) because they are incapable of acting.

On what grounds can a trustee be removed? There are several grounds which would justify a trustee being removed: Breach of trust – the trustee has failed to follow the terms of the trust document. Death of a trustee – being a trustee is a personal role, it cannot be passed onto the deceased' trustee's executors.