Trustees—retirement of trustees

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Published by a LexisNexis Private Client expert

Practice notes

Trustees—retirement of trustees

Copyright © 2025 LexisNexis

Published by a LexisNexis Private Client expert

Practice notes

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In principle, the office of the trustee is lifelong. Nevertheless, a trustee may retire in a number of ways:

•
by the exercise of a provision in the trust instrument
•
if someone can be found to replace them, they may retire under the provisions of section 36 of the Trustee Act 1925 (TA 1925)
•
under the statutory power in TA 1925, s 39
•
by the beneficiaries' written direction under section 19 of the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA 1996)
•
with the beneficiaries' consent under the rule in Saunders v Vautier
•
by court order under TA 1925, s 41

Express provision in the trust instrument that a trustee may unilaterally retire

A trust instrument may give a trustee an express, unilateral right to retire. However, there is a perception that such a clause provides encouragement for a less than conscientious trustee to take ‘the easy way out’.

A trust instrument may provide for the automatic retirement of trustees on reaching a certain age.

Retirement under the statutory power

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Jurisdiction(s):

United Kingdom

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