Just Legal
How to remove an
unwilling
trustee
The removal process of a trustee who will not resign
T
he founder of the trust transfers cash or
assets (‘trust property’) into a trust structure.
Trustees administer the trust property (on
behalf of one or more beneficiaries), in accordance
with the trust deed.
As administrators of the trust property, it is
extremely important that the trustees work together
and act in the best interest of beneficiaries. Trustees
must execute their duties as required by the Trust
Property Control Act (‘Act’) and the Master of the
High Court (‘the Master’).
The question that arises is: what options are
available if a trustee does not execute their mandate
in the be