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  • FREE
30 minutes of audio
(+ optional 5 minute online quiz)
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Course Aims:

This podcast aims to set out the circumstances under which the court, the beneficiaries or the trustees of a trust can lawfully remove a trustee from their office. It will focus on powers conferred by the trust instrument itself, by statutory implied powers and under the court's inherent jurisdiction to police the sound administration of a trust. Many of the implied powers of removal are hedged with conditions and provisos that the donee of the power must bear in mind which often means a power of removal is actually a power of replacement.

After completing the course you will:
  • Understand the grounds on which a trustee can be removed from office;
  • Understand the restrictions on the powers of removal;
  • Be aware of the factors that should influence the means of removal.
Intermediate Difficulty: 3 of 5
Practical Guide
Sources and References:
  • Trustee Act 1925 ss36, 37(1)d, 40, 41;
  • Trusts of Land and Appointment of Trustees Act 1996 ss19, 20, 21(5);
  • Senior Courts Act 1981 s39 Mental Capacity Act 2005;
  • Re Bird Charitable Turst [2008] JLR 1;
  • von Knieriem v Bermuda Trust Co Ltd (1996) BOCM 116;
  • Lewin on Trusts (Sweet & Maxwell) 18th Ed. (2008);
  • Re Skeats' Settlement (1889) 42 Ch D 522;
  • P. Matthews' "Protectors: two cases, twenty questions", Trust Law International 9 (1995);
  • Thomas on Powers, 6-98, (Sweet & Maxwell, 1st Ed. (1998);
  • Re the petition of Osiris Trustees Ltd [2000] WTLR 933;
  • Re Bignold's Settlement Trusts (1872) 7 Ch App 223;
  • Re East (1873) 8 Ch App 735 Re Phelp's Settlement Trusts (1885) 31 Ch D 351;
  • Re Henderson [1940] Ch 764;
  • Bridge Trustees Limited v Noel Penny (Turbines) Limited [2008] EWHC 2054 (Ch);
  • Re Renshaw's Trusts (1869) 4 Ch App 783;
  • Re Barber (1888) 39 Ch D 187;
  • Re Somerset [1887] WN 122;
  • Re Matthews (1859) 26 Beav 463;
  • Miller v Cameron (1936) 54 CLR 572;
  • Jones v Firkin and Flood [2008] EWHC 2417 (Ch);
  • Re Whitehouse [1982] Qd. R 196;
  • Saunders v Vautier [1841] EWHC Ch J82;
  • Re Wrightson [1908] 1 Ch 789;
  • Clarke v Heathfield [1985] ICR 606;
  • Kain v Hutton (2005-06) 8 ITELR 411;
  • Alsop Wilkinson v Neary [1996] 1 WLR 122.

This podcast reviews the mechanisms by which a trustee can be removed from office. A pure power of removal is usually quite rare in English trusts and this podcast will focus on the hybrid powers conferred upon the court, beneficiaries and trustees to replace one trustee with another and the circumstances in which it will be appropriate to exercise such a power.

Podcast added: 17/05/10

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