Trust disputes—trustees' removal under section 41 of the Trustee Act 1925
Produced in partnership with Jessica Stafford of Charles Russell Speechlys LLP
Trust disputes—trustees' removal under section 41 of the Trustee Act 1925

The following Private Client guidance note Produced in partnership with Jessica Stafford of Charles Russell Speechlys LLP provides comprehensive and up to date legal information covering:

  • Trust disputes—trustees' removal under section 41 of the Trustee Act 1925
  • Applicability and availability
  • Further alternatives
  • Considerations
  • Practice and procedure
  • Costs

This Practice Note covers the purpose and procedure of section 41 of the Trustee Act 1925 (TA 1925), which confers jurisdiction on the court to appoint or replace trustees in certain circumstances. This is a jurisdiction of last resort and this Practice Note explains the circumstances where it may apply. It also considers alternative routes that may be available to practitioners and distinguishes between the applicability of TA 1925, s 41 and the court's inherent jurisdiction to remove trustees.

TA 1925, s 41 confers a statutory jurisdiction on the court to appoint a new trustee whether in place of or in addition to the existing trustees. TA 1925, s 41 provides as follows:

Power of court to appoint new trustees

(1) The court may, whenever it is expedient to appoint a new trustee or new trustees, and it is found inexpedient difficult or impracticable so to do without the assistance of the court, make an order appointing a new trustee or new trustees either in substitution for or in addition to any existing trustee or trustees, or although there is no existing trustee.

In particular and without prejudice to the generality of the foregoing provision, the court may make an order appointing a new trustee in substitution for a trustee who . . . [lacks capacity to exercise] [his functions as trustee], or is