Part 1Trusts
Chapter 1Appointment, assumption, resignation, removal and discharge of trustees
Resignation and removal
7Removal 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.