The Appointment, Retirement, and Removal of Trustees

AuthorEILEEN E. GILLESE
Pages147-153
147
CHA PTER 8
THE APPOINTMENT,
RETIREMENT, AND
REMOVAL OF TRUSTEES
A. INTRODUC TION
Trusts must be continuously administered: t here can be no hiatus in
the administ ration of a trust. At all time s there must be a trustee, or
someone that the law designate s as standing in his or her stead, with
responsibility for the administration of a trust. Thi s simple legal re-
quirement is the underpinn ing of the operation of the law as it relates
to the appointment, retirement, and removal of trustees.
Apart from knowing this basic requirement, it is usef ul to under-
stand something of the circumstances in which tr ustees are appointed,
can retire, or can be removed, as well a s the legal strictures governing
such activities. This chapter begins with an ex amination of how and
when trustees are appointed. It di fferentiates between non-judicial ap-
pointments and appointments made by t he courts, and between the
appointment of new trustees and subst itutionary ones. Thereafter, it
discusse s the conditions under which a trustee may retire. The chapter
concludes with a discus sion of the circum stances in which trustees can
be removed from off‌ice.

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