Trustees' Powers and Duties and Personal Liability for Breach - Trust - Termination of Trusteeship

4 important questions on Trustees' Powers and Duties and Personal Liability for Breach - Trust - Termination of Trusteeship

Reason for Termination of Trusteeship: Disclaimer

Because the trusteeship is an onerous obligation, a trustee may disclaim expressly the trust.

Reason for Termination of Trusteeship: Retirement

  • under express provision
  • under statute (section 36 and 39 TA 1925)
  • with consent of the beneficiaries
  • by direction of the beneficiaries under section 19 TOLATA 1996

Reason for Termination of Trusteeship: Removal

  • under an express power
  • by a person with the power to appoint trustees or by the trustees (section 36 TA 1925)
  • by the court (section 41 TA 1925)
  • by the court under its inherent jurisdiction (when there is a breach of trust, but mostly unlikely)
  • by the beneficiaries directing retirement (section 19 TOLATA 1996)
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Reason for Termination of Trusteeship: Death

Note that two or more trustees hold property as joint tenants, so the right of survivorship applies.

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