Trustees have the responsibility of looking after trust funds for the trust’s beneficiaries. Removing a trustee may be necessary if, for example, they are not carrying out their duties correctly or if they lose mental capacity.
We look at the range of duties that a trustee has, how a trustee might fail in their role and how to remove a trustee.
What are a Trustee’s Duties?
A trustee has a fiduciary duty to act in the best interests of the trust and its beneficiaries at all times. They need to follow the terms of the trust deed and manage the trust fund effectively, looking after it with reasonable care and dealing with regulatory compliance, to include tax reporting and making any necessary tax payments. The trustee’s duty includes engaging professionals where this is necessary.
Where a trust has several beneficiaries, the trustee should treat them fairly and impartially.
A trustee must always avoid conflicts of interest, and keep the trust fund and the trust’s interests completely separate from their own and that of their family.
What if a Trustee is Not Acting Properly?
If you believe that a trustee is failing in their duty, the first step is to speak to them to try to resolve matters. Where this is not successful, you can put your concerns in writing and seek any information you need, such as formal accounts, if you are a party with the right to this, such as a beneficiary.
Where problems persist, you can seek advice from trust dispute solicitors. At Witan Solicitors, we can work with you to identify the best way forward. For example, the trustee may need to engage a professional to better deal with investments, or an accountant to prepare details and legally compliant trust accounts.
We can negotiate on your behalf to try to find a way forward. This could involve a change in conduct or a trustee voluntarily stepping down.
If the trustee is not amenable, then alternative dispute resolution, such as mediation, may be helpful. A mediator will explain the options available and the trustee may choose to make the necessary changes in order to avoid legal action.
Where it is not possible to find an acceptable solution, we can put together a case and ask the court to remove a trustee.
On What Grounds Can a Trustee be Removed?
Breach of Trust
Trustees should meet their fiduciary duty in dealing with the trust fund and beneficiaries. Examples of breaching this trust include self-dealing or conflict of interest, where a trustee benefits personally from their actions, failures in the trust administration and not correctly distributing trust funds.
The court can remove a trustee for breach of duty and also has the power to reverse unlawful dealings or order the trustee to make restitution.
Conflict of Interest
If a trustee or a family member or business associate stands to gain financially or otherwise from a trustee’s actions, there is a conflict of interest. Where a conflict is not disclosed, a trustee can often be removed under the provisions in the trust deed or other document creating the trust, such as a Will.
Where a trustee refuses to step down, the court can make an order removing them.
Lack of Cooperation
Trustees need to work together and to communicate effectively, both with each other and with the trust’s beneficiaries. If a trustee does not do this, for example, failing to respond to reasonable requests, not replying to correspondence, not providing information when requested to do so or refusing to sign documents or authorise investments or other necessary actions, then this can amount to a breach of duty. It is open to the other trustees or the trust’s beneficiaries to ask the court to remove the trustee.
Poor Management of the Trust
Trustees have a duty to manage the trust for the best interests of the beneficiaries. Failures can include poor record keeping, failing to file tax returns, failing to pay tax, not preparing annual accounts, not responding to correspondence or questions from beneficiaries and failing to look after the trust fund.
Where failings are substantial and the trustee does not show any interest in resolving matters, you can ask the court to remove them for breach of trust. You can also pursue the trustee for any losses sustained to the trust.
Unfair Treatment of Beneficiaries
Trustees are legally bound to treat all beneficiaries equally, without favouring one over another. Where distributions are not made fairly, then it may be possible to raise a challenge. However, if a trust is discretionary, then the trustees do have some leeway to take into account the needs of each individual beneficiary when making payments.
Contact Our Experienced Trust Solicitors
If you would like to know more about removing a trustee, please feel free to contact us.
To speak to one of our expert wills and trusts solicitors, ring us on 0300 303 2071, email us at info@witansolicitors.co.uk or fill in our contact form and we will talk through your situation with you and discuss how we can assist. We have offices in Birmingham, Northampton, London and Wellingborough.
FAQs
How is a Trustee Removed?
The trust deed or Will may include provisions by which a trustee can be removed.
If this is not possible, then the next step is to try to persuade the trustee to step down voluntarily. Removal of a trustee must be dealt with formally, with the correct documentation prepared, including a deed of removal.
In some cases, where the person creating the trust is still alive, it may be possible to ask them to revoke the trust.
If all beneficiaries are in agreement, providing they are all adults with capacity and together absolutely entitled, then a trustee can be replaced at their behest.
Where a trustee has breached their duty, a formal claim can be made to the court asking for an order removing the trustee.
Is a Deed Required to Remove a Trustee?
You should always have a correctly drafted deed or a court order to remove a trustee. This ensures that there is a clear record of the action.
How Can a Trustee Without Mental Capacity Be Removed?
Under Section 36 of the Trustee Act 1925, a trustee can be removed and replaced if they do not have the necessary mental capacity to continue as a trustee. Alternatively, the trust deed may set out rules for their replacement.
It may be necessary to obtain evidence, such as a formal mental capacity assessment prepared by a medical practitioner with expertise in this area.
How Long Does it Take to Remove a Trustee?
The time taken to remove a trustee depends on whether they are able to agree to step down voluntarily or whether other action is required. A negotiated exit or an agreement following mediation is a faster option than court.
Can a Beneficiary Remove a Trustee in the UK?
If all the beneficiaries are in agreement, a trustee can be removed. If the trustee is breaching their duty or otherwise failing, then a single beneficiary can apply to have a trustee removed.
How is a Trust Ended?
A trust may come to a natural end when its purpose is fulfilled or the trust fund is distributed. Where a trust is discretionary, the trustees can distribute the assets so that the fund no longer exists and the trust can be terminated.
It may also be possible for the person who created the trust to revoke it.
Where all beneficiaries are of legal age and have mental capacity, if they are all in agreement, the trust can be wound up.
In other circumstances, the court can be asked to make an order winding up a trust. This can be used where a trust is no longer financially viable, the terms of the trust deed can no longer be met or where the beneficiaries cannot agree on a way forward, or are minors or without mental capacity.
How Much Does it Cost to Remove a Trustee in the UK?
The costs will depend on the legal action necessary to remove the trustee. If they agree to step down, or this can be negotiated or agreed upon during mediation, then the costs are likely to be considerably lower than if litigation is required.
If you would like to discuss the potential costs of representation, please feel free to call us and we will be happy to answer your questions.
Last Reviewed: Qarrar Somji, October 2026
