As explained in Practice Note: Trustees—removal of trustees, where a trustee can no longer carry out their duties due to incapacity, they may be removed and replaced using the power in section 36(1) of the Trustee Act 1925 (TA 1925), unless this power has been modified or excluded by the terms of the trust instrument. It should be noted that, where the power in TA 1925, s 36(1) is invoked, it will be necessary to appoint a replacement trustee. Alternatively, there may be an express power in the trust instrument to remove a trustee who lacks capacity. The power of replacement is to be exercised by: