Removing sole [professional] trustee from trust / options?

I have a client / beneficiary has lost faith in the professional Trustee of a trust created upon his father’s death, who is also the Executor of his late mother’s estate, who has recently died.

The professional Trustee is the sole Trustee and sole Executor (the other professional Trustee having retired) and client thinks he is overcharging for his services. Client has asked him to step down on both counts, suggesting that he and his daughter (also a beneficiary) take on both roles. There is no express provision in the trust instrument to appoint new Trustees and the professional Trustee is refusing point blank to step down. Doesn’t help that he has started dealing with administration.

I believe a Court application is unlikely to be successful and very much a last resort, but does anyone have any other suggestions on how to remove the professional Trustee / Executor?

Many thanks in advance.

Ed Ling
Atkins Thomson

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