| Commentary

69 Removal by the court

| Commentary

5: REMOVAL, SUSPENSION AND DISCHARGE

69 Removal by the court

The court, acting under its principal duty to protect a trust, has an inherent right to remove existing trustees and substitute new trustees1. There are innumerable instances of the court having removed charity trustees for committing wilful breaches of trust2. Corporations who act as trustees of charities may similarly be removed for breaches of trust3. It does not follow, however, that charity trustees will be removed where there has been an innocent breach of trust4.

Although a reason may be sufficient to

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