Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Trust definition

What does Trust mean? A trust is a legal arrangement in which one or more trustees hold and manage property (the trust property) for the benefit of beneficiaries. It is primarily defined by case law rather than a single statute, though key rules appear in legislation (for example, writing requirements and trustee powers). Trusts arise by express declaration (usually by a settlor), by operation of law (resulting or constructive trusts), or under statute, and are used in private client, commercial, pension and charitable contexts. Core features include: the trustee’s fiduciary duties to act loyally, prudently and in accordance with the trust terms; control...

Removing and replacing trustees in England and Wales: express powers, Trustee Act 1925 ss 36 and 41, TOLATA 1996 s 19, inherent jurisdiction, compulsory retirement and incapacity

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Practice notes

A trustee can be removed against their wishes in the following ways:

under an express power in the trust instrument
under section 36(1) of the Trustee act 1925 (TA 1925)
by court order under TA 1925, s 41
by direction of the beneficiaries under section 19 of the Trusts of Land and appointment of Trustees Act 1996 (TOLATA 1996)

Removal should not be undertaken lightly. Misconduct is not required: tension among the trustees may constitute sufficient grounds. However, a disagreement between the trustee and the beneficiaries about how the trustee exercises their discretion will generally not be enough on its own, though it can be considered. The overriding concern is always the beneficiaries’ welfare.

Express power in the trust instrument

Although TA 1925, s 36(2) expressly anticipates a power to remove trustees, in practice it is uncommon for a domestic trust instrument to include an express power of removal (such clauses are, however, frequently seen in offshore settlements). Most often, this power appears in the context of a commercial transaction...

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Web page updated on 21/05/2026

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