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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 Petition is filed under PC 17200 to appoint a successor trustee. All trustees and beneficiaries sign a consent.

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.

Discharge of trustee The trustee may be discharged from his office only as follows:- (a) by the extinction of the trust; (b) by the completion of his duties under the trust; (c) by such means as may be prescribed by the instrument of trust; (d) by appointment under this Act of a new trustee in his place; (e) by consent

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.

Although, the court found that the trustees were in accord, it held that ?a trustee will be removed if the court is satisfied that his continuance in office will be prejudicial to the performance of the trust and to the interest of the beneficiaries, or if the trustee has disregarded his duties.? Also, in REMMER v

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.

To remove a beneficiary from the trust, you must first amend the trust deed. To do so, the trustee must execute a deed of variation (also known as a deed of amendment). This document updates the relevant section of the original trust deed and will amend the trust's beneficiaries.

Whenever any such vacancy or disqualification occurs and it is found impracticable to appoint a new trustee under Section 73, the beneficiary may, without instituting a suit, apply by petition to a principal civil Court of original jurisdiction for the appointment of a trustee or a new trustee, and the Court may

Corpus Christi Texas Removal of Trustee and Appointment of Substitute Trustee

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Who can appoint a replacement trustee?

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