Part 1Trusts
Chapter 1Appointment, assumption, resignation, removal and discharge of trustees
Resignation and removal
I17Removal of trustee by court
1
Where a trustee—
a
is unfit to carry out the duties of a trustee,
b
purports to carry out those duties but does so in a way which is inconsistent with, or might be inconsistent with, a trustee’s fiduciary duty,
c
has neglected the trustee’s duties as trustee,
d
is incapable, or
e
is untraceable,
the court may, on the application of one or more of the other trustees, of a beneficiary or of any other person with an interest in the trust property, remove the trustee from office.
2
The court ceases to have power at common law to remove a trustee.
3
This section applies irrespective of when the trust was created.