Trustees

Trustees—appointment of trustees

There are various ways in which a trustee may be appointed. Trustees will usually be appointed by the instrument that brings the trust into existence. The trust instrument should also seek to make provision for any subsequent appointments of new trustees that may be necessary during the existence of the trust.

Trustees may also be appointed by the court and there are occasions when either the settlor or the beneficiaries may have a role in the appointment of new trustees.

See Practice Note: Trustees—appointment of trustees.

Trustees—retirement of trustees

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

1. •

   by taking advantage of any provision in the trust instrument

2. •

   if someone can be found to replace them, under the provisions of section 36 of the Trustee Act 1925 (TA 1925)

3. •

   under the statutory power in TA 1925, s 39

4. •

   by the beneficiaries’ written direction under section 19 of the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA 1996)

5. •

   with the beneficiaries’ consent

6. •

   by court order under TA...