Just a Minute - Podcast Episode 30: Removal of Estate Trustee Part 1

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[00:10] Welcome to a new episode of "Just a Minute" by Landmark Law.

[00:12] Today's episode is presented to you by Vicki on June 2nd, 2023, to help educate our listeners on various legal scenarios. Today’s episode will be on the Removal of an Estate Trustee. It is rare that an estate trustee would be removed because the Court is reluctant to interfere with the discretion and wishes of the testator in appointing the trustee or executor as their personal representative.

[00:39] However, the Court does have inherent jurisdiction to remove trustees who have failed to play their roles properly. The overarching principle of removing an estate trustee is the benefit of the beneficiaries under the will.

[00:53] Misconduct is one of the reasons why an estate trustee may be removed.

[00:57] There are many other reasons for which an estate trustee can be removed. For instance:

  1. Misconduct
  2. Breach of trust and fiduciary duty
  3. Conflict of interest
  4. Bankruptcy
  5. Conviction of a crime
  6. Incapacity
  7. Mismanagement of the estate
  8. Disagreement between co-trustees

[1:16] Landmark Law assists beneficiaries to challenge the estate trustee in the administration of an estate. Please feel free to book a 30-minutes consultation with us to discuss.