Q&As

Do the beneficiaries of a trust with a vested income in interest but not capital until age 35, have power to invoke section 19 of the Trusts of Land and Appointment of Trustees Act 1996 to remove a trustee?

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Published on LexisPSL on 09/05/2019

The following Private Client Q&A provides comprehensive and up to date legal information covering:

  • Do the beneficiaries of a trust with a vested income in interest but not capital until age 35, have power to invoke section 19 of the Trusts of Land and Appointment of Trustees Act 1996 to remove a trustee?

This Q&A only considers a class of closed beneficiaries and not the scenario where there may be other persons who are capable of benefitting under the trust, other than the individuals whose interest in income has already vested.

Practice Note: Trustees—removal of trustees provides that where the beneficiaries of a trust are collectively absolutely entitled to the whole of the trust property, they can compel a trustee to retire by serving a written direction on them to that effect, thereby effectively conferring on them a power to remove that trustee. They may also appoint a new trustee in the retired one's place.

The power conferred by section 19 of the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA 1996) cannot be invoked if the t

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