What is the test for removing a trustee from a trust?

British Columbia, Canada


The following excerpt is from Kajaks Estate, 2016 BCSC 651 (CanLII):

“It is not every mistake or neglect of duty on the part of the trustees which will lead to their removal. It must be shown by the applicant that the non-removal of the trustee will likely prevent the trust from being properly executed”: see Crawford v. Jardine, ibid. ... Removal not intended to punish past misconduct

Other Questions


Is a trustee liable for any loss to the trust estate if the trust funds were left uninvested for an unreasonable amount of time? (British Columbia, Canada)
In what circumstances can a trustee seek direction from the court to proceed with an action in which the beneficiaries of the trust have been denied access to the trustee's funds? (British Columbia, Canada)
Is a trustee of a trust or a debtor of the trust? (British Columbia, Canada)
Is there any case law that supports the proposition that a person who is not a trustee of a trust is entitled to the same amount of money as a fiduciary trust? (British Columbia, Canada)
Can a stranger to a trust be held liable as a constructive trustee for breach of trust? (British Columbia, Canada)
Can beneficiaries of a trust terminate the trust and have the trust property transferred to them? (British Columbia, Canada)
Is dysfunction between trustees a sufficient basis to remove a trustee? (British Columbia, Canada)
If there is a fraud on a power, and the trustees attempted to use a power they did not possess, is this court going to rescue the trustees? (British Columbia, Canada)
Can a stranger to a trust be found liable for knowingly participating in a fraudulent breach of trust? (British Columbia, Canada)
What is a constructive trust and what is the test for such a trust? (British Columbia, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.