The Appointment, Retirement, and Removal of Trustees

• Author: Eileen E. Gillese, Martha Milczynski
• Pages: 135-141

CHAP TER 8

THE APPOINTMENT,

RETIREMENT, AND

REMOVAL OF TRUSTEES

A. INT RODUCTION

Trusts must be continuously admini stered: there can be no hiatus in

the administ ration of a trust. At all times there must be a t rustee, or

someone that the law design ates as standing in his or her stead, with

responsibility for the administration of a trust. This simple legal re-

quirement is the underpinning 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 ci rcumstances in which trustee s are appointed,

can retire, or can be removed, as well as the legal str ictures governing

such activities. This chapter begins w ith an exami nation 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 discu ssion of the circumstances in which t rustees can

be removed from off‌ice.

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