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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.