Removal and appointment of trustees

Hi all, I was wondering if you could give me some guidance on whether this is possible…

I am acting for clients who are setting up a VPT for their disabled son. The trustees are the settlors and their other two children. They want the power to appoint new or additional trustees and to remove trustees to be vested in them during their lifetime and thereafter by the trustees. They however want to stipulate in the trust deed that if the two children cannot agree unanimously on a decision then a partner in my firm will be appointed as a trustee and have the power to remove either or both of them. Can you do that? Any help would be appreciated.

Is anyone able to help, please?

I’ve not come across such an arrangement before.

Perhaps the power to appoint trustees after the death of the settlors might be given to, say, the senior partner in the firm for the time being (or their equivalent), supported by a letter of wishes to the suggested effect. There may also need to be a specific authority within the settlement for the partners to appoint themselves.

Fair to say, though, that this is probably untested territory – is the client willing to pay for the provision to be drafted by a barrister?

Paul Saunders FCIB TEP

Independent Trust Consultant

Providing support and advice to fellow professionals

It’s a straightforward appointment of a third party as Protector of the Trust. The power to appoint or remove trustees is the giveaway. My problem has always been deciding how much to charge for acting as protector.

Julian Cohen

Simons Rodkin