Termination and loss of trustee

Question 1

Trustee can lose their position in office through

Answer 1

1. Death of trustee
2. Vacating of the office of trustee by a trustee appointment
3. Revocation of the constitution under which the rustee was appointed.
4. Vacating of the office of trustee in accordance with the terms of the trust.
5. Termination of a trust.

Question 2

Circumstances which justify the removal of trustee by a court in terms of sec 20(1):

Answer 2

1. Where trustee without explanation, removes trust funds from a safe investment with a financial instetution and transfers them into his own account.
2. Where a trustee deliberately fails to inform another trustee of a dicision to be made in respect of trust assets.
3. Where a trustee treats the trust and its assets as his own.
4. Where a trustee expresses no independent views about matters affecting the trust, but relies entirely upon a dominant co-trustee.