As a beneficiary of a trust, it is important to ensure that the appointed trustees are protecting your interests. Unfortunately, there may be instances where a trustee is unable or unwilling to perform their duties, or their continued presence harms the trust. In such cases, you may need to remove the trustee.
MECHANISMS TO REMOVE THE TRUSTEE
There are several ways to remove a trustee, including through the trust founder’s reserved power, the court’s common law power, or the Trust Property Control Act’s express powers.
Under the Trust Property Control Act, both the Master and the Court have the authority to remove a trustee. Any interested party, including beneficiaries, potential beneficiaries, or even co-trustees who have a vested interest in the trust, can apply to the court for the trustee’s removal.
WHEN THEY CANNOT BE REMOVED
It is important to note that the court cannot remove a trustee who has already completed the administration of the trust or one who has not yet accepted the office. Moreover, the court’s jurisdictional power to remove a trustee may depend on the trustee’s residence or the trust property’s location.
WE CAN HELP
If you believe that a trustee should be removed from office, it is crucial to seek advice from an experienced trust attorney. At Vermeulen Attorneys, we have a team of skilled trust attorneys who can assist you in navigating this complex legal process. Our attorneys have the knowledge and experience to help you understand your rights and options under the Trust Property Control Act and other applicable laws.
We understand that trust disputes can be emotionally charged and complicated. That is why we take a compassionate and proactive approach to our clients’ cases, striving to achieve the best possible outcome for them.
If you believe that a trustee should be removed, do not hesitate to contact Vermeulen Attorneys today. We will work with you to protect your interests and those of the trust.