What are the grounds for removal of an estate trustee?
Ontario, Canada
The following excerpt is from Beatrice Watson-Acheson Foundation v. Polk, 2006 CanLII 21061 (ON SC):
A court will not lightly remove an estate trustee chosen by the testator, but where there is a clear case of conflict of interest, removal is the appropriate course. The welfare of the beneficiaries must be the paramount consideration. As well, conduct by the trustee that endangers the trust property or that shows a want of honesty or lack of proper capacity to carry out the trustee’s duties are grounds for removal (see Letterstedt v. Broers (1884), 9 App. Cas. 371 (P.C.)).
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