How to remove a trustee from a trust in the UK

Do you feel that something is wrong with the management of a trust? Are you wondering how to remove a trustee from a trust in the UK? When a trustee fails to act with loyalty, transparency, or competence, the  impact on beneficiaries can be serious. Loss of trust, misconduct, poor management often leads to frustration, tension, or even legal conflict. In these situations, understanding your rights and the available legal tools becomes essential to protect the trust’s integrity. It is strongly recommended to consult a solicitor who specialises in trust dispute and litigation.

This guide explains the key reasons for trustee removal, the steps involved, and breaks down what it may cost.

Do you need a solicitor?

We will connect you with the right solicitor, near you.

Find a solicitor near me Request a call

What is a trustee, and what do they do?

A trustee, also called a fiduciary, is the person appointed to manage the assets held a trust, following the terms set out in the trust deed. their role is to act solely in the interests of the beneficiaries. In a testamentary trust, they may also serve as the executor of the will.

A trustee must:

• Manage the trust assets in line with the trust deed.
• Keep clear and accessible records for the beneficiaries.
• Avoid conflicts of interest or misuse of funds.
• Handle tax matters and protect the value of the trust.
• Enforce specific provisions, particularly in a charity trust.

Failing in these duties can justify trustee removal.

What are the grounds for removing a trustee in the UK?

A trustee can be removed when they fail to meet their legal or fiduciary obligations.Common grounds for removing a trustee UK include:

• Serious negligence or mismanagement of assets: When the trustee makes reckless decisions, fails to protect the trust assets, or neglects to manage funds responsibly.
• Breach of fiduciary duties or trust deed terms: This includes ingnoring the duties of loyalty, transparency, or care set out in the trust deed.
• Inappropriate or fraudulent behaviour: Any action compromising the integrity of the trust may justify removal of trustees, such as misuse of funds or abuse of power.
• Conflict with co-trustees or beneficiaries: Ongoing disputes that disrupt the proper administration of the trust could be grounds for removing a trustee from their position.
• Mental or physical incapacity: When the trustee is no longer able to carry out their duties effectively and reliablu.

In these cases, the Trustee Act 1925, particularly Section 41, allows a court to officially request the removal of a trustee, ensuring the trust remains properly managed.

Can a trustee be removed without their consent?

Yes, atrustee can be removed without their consent, under certain conditions strictly governed by UK law.

Removal without consent can occur when:

• The trust deed allows it: Some trust deeds include removal clauses that can be triggered by co-trustees or a majority of beneficiaries.
• The court intervenes: Under section 41 of the Trustee Act 1925, a judge can order removal if the trustee’s conduct justifies it.
• A formal petition to remove a trustee is filed: A petition can be filed by co-trustees or beneficiaries requesting the court to step in and order the removal of a trustee.

In short, if a trustee is causing harm or obstructing the proper running of the trust, trustee removal can be enforced, even without their agreement.

What are the steps to remove a trustee?

There are three main routes for how to remove a trustee in the UK::

1. Review the trust deed: Some trust deeds include removal clauses, often allowing beneficiaries, co-trustees or the founder to take actionby vote or written decision.
2. Try mediation orvoluntary resignation: In cases of minor disputes or misalignments, an amicable discussion may lead the trustee to step down without legal action.
3. Apply to the court: If the trust deed is silent or if the trustee refuses to cooperate, a petition to remove trustee can be filed. The court will assess whether the trustee has acted against the interests of the trust or its beneficiaries.

How much does it cost to remove a trustee UK?

The cost of trustee removal varies based on the method:

• Via trust deed: Often minimal or no cost
• Through mediation: Typically £1,000–£3,000
• By court petition: £5,000+ in legal fees, depending on complexity
• In trust dispute and litigation cases: Costs can rise significantly, especially if contested

FAQs

• Can a trustee remove a beneficiary from a trust? No, not unless the trust deed specifically allows it, which is rare and often challengeable.
• Can beneficiaries remove a trustee? Yes, if permitted by the trust deed or by applying to the court with valid legal grounds.
• How long does it take to remove a trustee? Anywhere from a few weeks (if amicable) to several months for contested trust dispute and litigation cases.

Removing a trustee in the UK requires a solid understanding of trust law and careful evaluation of the acts. Whether you are a beneficiary, co-trustee, or involved in a charitable trust, following the legal steps and documenting the grounds for removal is crucial.

Need personalised support?

Consult Qredible’s network to find a solicitor who specialises in trust disputes to defend your rights and secure the process.

KEY TAKEAWAYS

• The removal of a trustee is justified in cases of negligence, mismanagement, fraud, ongoing conflicts, or incapacity.
• The process can be amicable (by agreement) or judicial (through court or in accordance with the trust deed).
• In charitable trusts, the Charity Commission must intervene if statutory duties are breached.
• Consulting a solicitor ensures the process is legally sound and your rights are fully protected.