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Buachaill
Buachaill, Barrister
Category: Law
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Experience:  Barrister 17 years experience
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How can I go about removing my sister as a trustee? Can a court

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How can I go about removing my sister as a trustee? Can a court remove her and appoint an independent person?
Submitted: 1 year ago.
Category: Law
Expert:  Buachaill replied 1 year ago.
1. There is power given in the Trustee Act for a court to remove any trustee. HOwever, be aware that the jurisdiction to remove a trustee is usually exercised when there are stated grounds of misbehaviour. So you will need to show that your sister either did not do her job as trustee properly or misbehaved in some way. In making the order for removal the court can also appoint someone else in her place. So you will need to have the name and details of a person willing to act in your sister's place so they can be appointed instead. You should speak to a solicitor about the application for removal. Be aware that if you succeed in your application for removal that a court normally orders that legal costs be paid by the trust. However, be aware that the solicitor will usually seek some money up front for their costs in advance of taking the application.
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