Trustee Removal

Question 1

Common law grounds for removal

Answer 1

1) Breach of trust
2) inability to cooperate with co-trustees
3) lack of fitness; or
4) persistent failure to administer effectively

Question 2

Statutory grounds for trustee removal

Answer 2

1) Substantial change in circumstances
2) Removal requested by all qualified beneficiares
3) Removal best serves interests of all beneficiares
4) Removal is not inconsistent with a material purpose of the trust; and
5) A successor is available