The Appointment, Retirement, and Removal of Trustees

• Author: EILEEN E. GILLESE
• Pages: 147-153

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.