Home / Summaries / The Principles of Equity and Trusts / section-reason-termination

Trustees' Powers and Duties and Personal Liability for Breach - Trust - Termination of Trusteeship

Q: Reason for Termination of Trusteeship: Retirement

under express provision under statute ( section 36 and 39 TA 1925 ) with consent of the beneficiaries by direction of the beneficiaries under section 19 TOLATA 1996

Q: Reason for Termination of Trusteeship: Death

Note that two or more trustees hold property as joint tenants , so the right of survivorship applies.

4 important questions on Trustees' Powers and Duties and Personal Liability for Breach - Trust - Termination of Trusteeship

Reason for Termination of Trusteeship: Disclaimer

Because the trusteeship is an onerous obligation, a trustee may disclaim expressly the trust.

Reason for Termination of Trusteeship: Retirement

under express provision
under statute (section 36 and 39 TA 1925)
with consent of the beneficiaries
by direction of the beneficiaries under section 19 TOLATA 1996

Reason for Termination of Trusteeship: Removal

under an express power
by a person with the power to appoint trustees or by the trustees (section 36 TA 1925)
by the court (section 41 TA 1925)
by the court under its inherent jurisdiction (when there is a breach of trust, but mostly unlikely)
by the beneficiaries directing retirement (section 19 TOLATA 1996)