Trustee Removal & Successor
Trusts · Lesson 11
Trustee Removal & Successor
這一課問的是：何時可解任受託人？誰繼任？
ActorActObjectStandardConsequence
Issue · what this lesson is really about
On what grounds may the trustee be removed, and who succeeds?
這一課問的是：何時可解任受託人？誰繼任？
Trigger words & phrases that should flag this issue:
removebreachsuccessorresignincapacity
Core Terminology · 7 must-know
Tap a card to flip and reveal the meaning.
removal grounds
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Breach, incompetence, conflict, refusal to serve.
解任理由。
court removal
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Petition by beneficiary or co-trustee.
法院解任。
successor trustee
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Named in instrument or appointed by court.
繼任受託人。
co-trustees
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Multiple trustees serving together.
共同受託人。
resignation
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Trustee may resign with court approval or beneficiary consent.
辭職。
hostility
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Hostility with beneficiaries may justify removal.
敵意。
Rule Sentence · the workhorse
A trustee may be removed by court order for breach of fiduciary duty, incompetence, conflict of interest, material hostility with beneficiaries, or refusal to serve; successor trustees are typically named in the trust instrument or, if vacant, appointed by court.
Sentence Anatomy · 5 roles, 5 colors
Every rule sentence breaks into five visual roles.
Actor 行為人beneficiary or co-trustee受益人或共同受託人
Act 行為seeking removal請求解任
Object 對象trustee受託人
Standard 法律標準grounds + best interest理由 + 最佳利益
Consequence 後果removal + successor appointment解任 + 繼任
Casebook Snapshot · a real American case
Various state cases · routine trustee removal proceedings
Holding. Courts may remove trustees who breach fiduciary duties, become incompetent, or develop material hostility with beneficiaries; the remedy is calibrated to preserve trust administration in beneficiaries' interests.
Why it matters. Removal is the strongest beneficiary tool — addresses dysfunction without dissolving the trust.
解任為受益人主要工具 — 解決衝突而不解散信託。
Common Mistakes · what trips students
✗ hostility 自動 removal。
✓ Must be material and impair administration.
須重大且妨害管理。
Mini IRAC · build the Application
Issue. Should the court remove trustee T who has materially breached the duty of loyalty by self-dealing with trust assets?
Rule. A trustee may be removed by court order for breach of fiduciary duty.
Application (model). T has engaged in self-dealing — a material breach of the duty of loyalty. Because courts may remove trustees who breach fiduciary duties materially, the fact that T's self-dealing represents a material breach of the duty of loyalty means removal is warranted.
Pick the right element for each blank:
g1.
g2.
Conclusion. Therefore, the court should remove T and appoint a successor.
MBE Check · multiple choice
A trust names T as trustee and provides for trustee succession by majority vote of beneficiaries. T dies. Beneficiaries split 3-2 on successor. Who serves?
Practice Drill · tap to build the rule
Drop the chips here in correct order:
Tap chips to add → tap chips in the target to remove: