Where there is a SSAS in operation and all members are trustees what happens if one or more of the members lose capacity or are not willing to act as trustee. Can they be removed as trustee while remaining a member of the SSAS? If this is not possible, what is the solution? Certain decisions will need the unanimous consent of the trustees which would not be possible to give where a trustee has lost capacity

In view of the reference to the need for unanimous decisions, it has been assumed that this is not a case where there is an existing independent trustee. This is potentially a difficult area, particularly in cases where the trustee lacks capacity. It has been assumed that the trust deed does not contain provisions which would assist to deal with the situation, or conversely would exclude the courses suggested, but this should always be checked. While the appointment of an independent trustee may not always appear attractive, the cost of such an appointment has to be weighed against the potential cost