Trust disputes—trustees' removal under section 41 of the Trustee Act 1925


Produced in partnership with Jessica Stafford of Charles Russell Speechlys LLP
Practice notes

Trust disputes—trustees' removal under section 41 of the Trustee Act 1925


Produced in partnership with Jessica Stafford of Charles Russell Speechlys LLP

Practice notes
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This Practice Note covers the purpose and procedure of section 41 of the Trustee Act 1925 (TA 1925), which confers jurisdiction on the court to appoint or replace trustees in certain circumstances. This is a jurisdiction of last resort and this Practice Note explains the circumstances where it may apply. It also considers alternative routes that may be available to practitioners and distinguishes between the applicability of TA 1925, s 41 and the court's inherent jurisdiction to remove trustees.

TA 1925, s 41 confers a statutory jurisdiction on the court to appoint a new trustee whether in place of or in addition to the existing trustees. TA 1925, s 41 provides as follows:

‘Power of court to appoint new trustees

(1) The court may, whenever it is expedient to appoint a new trustee or new trustees, and it is found inexpedient difficult or impracticable so to do without the assistance of the court, make an order appointing a new trustee or new trustees either in substitution

Jessica Stafford
Jessica Stafford

Charles Russell Speechlys LLP

Jessica specialises in trust, probate and succession disputes, both domestic and those spanning multiple jurisdictions. Jessica has particular expertise in trust disputes involving Jersey, having worked there for two years prior to joining Charles Russell Speechlys in November 2015. Jessica's trust dispute experience includes claims involving hostile beneficiaries, applications to the Court for directions, and trustee removal applications. In relation to contested probate matters, Jessica's experience includes claims for provision under the Inheritance (Provision for Family and Dependants) Act 1975, will validity disputes, issues with estate administration, and applications for rectification and construction. Jessica was shortlisted for Citywealth's top 100 future leaders in 2017 and 2018 and received a STEP Worldwide Excellence award in 2017.

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Jurisdiction(s):
United Kingdom
Related legal acts:
Key definition:
Disputes definition
What does Disputes mean?

There is a tPR code of practice on dispute management and regulation.

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