How to Change or Remove a Trustee

How do you change a trustee?

You change a trustee by exercising a power to appoint, retire or remove, and recording it in a deed. Most trust deeds name a person who can appoint and remove trustees. Where they do not, the Trustee Act 1925 gives the continuing trustees a statutory power to appoint replacements and to retire (legislation.gov.uk, Trustee Act 1925 s.36, as at July 2026, subject to change). The deed is then followed by transferring the trust assets into the names of the trustees who remain.

Appointing a new trustee

A new trustee is normally appointed either by whoever the trust deed names as having that power, or, where no one is named or able to act, by the continuing trustees using the statutory power. Under the Trustee Act 1925 a replacement can be appointed where a trustee has died, wishes to be discharged, stays out of the UK for more than a set period, or is unfit or incapable of acting (legislation.gov.uk, Trustee Act 1925 s.36, as at July 2026, subject to change).

A trustee who wants to retire

A trustee who simply wishes to step down can usually retire by deed. If at least two trustees or a trust corporation will remain, a trustee may retire without a replacement being appointed, provided the co-trustees and anyone with power to appoint consent by deed (legislation.gov.uk, Trustee Act 1925 s.39, as at July 2026, subject to change). Retiring cleanly matters, because a trustee who leaves without following the correct steps may remain on the legal title to trust assets.

Removing a trustee

Removing a trustee who will not go voluntarily is more involved than a simple retirement. The first place to look is the trust deed, which may let a named person remove a trustee. Failing that, adult beneficiaries who are together entitled to the whole trust and all of full capacity can, in England and Wales, give written notice requiring a trustee to retire and a replacement to be appointed under the Trusts of Land and Appointment of Trustees Act 1996 (legislation.gov.uk, TLATA 1996 s.19, as at July 2026, subject to change).

Where none of those routes is available, an application can be made to the court, which has power to remove a trustee and appoint another in their place where it is in the interests of the beneficiaries (legislation.gov.uk, Trustee Act 1925 s.41, as at July 2026, subject to change). Court action is a last resort, and many people take advice from a solicitor before starting it.

Which route applies to your trust

There is no single method that fits every trust. The route depends on why the change is happening, who holds the power under the deed, and whether the departing trustee agrees. The table below sets out the common mechanisms in England and Wales, each of which is generally recorded by deed.

Situation	Common route	Source
Deed names someone to appoint or remove	That person acts under the express power in the trust deed	The trust document
Trustee wants to be replaced (death, incapacity, abroad, unfit)	Appointment of a replacement by the continuing trustees	Trustee Act 1925 s.36
Trustee simply wants to step down, two trustees remain	Retirement by deed with co-trustees' consent	Trustee Act 1925 s.39
All adult beneficiaries agree, want a trustee replaced	Written notice by the beneficiaries	TLATA 1996 s.19
Deadlock or a trustee who will not co-operate	Application to the court to remove and replace	Trustee Act 1925 s.41

Situation

Common route

Source

Deed names someone to appoint or remove

That person acts under the express power in the trust deed

The trust document

Trustee wants to be replaced (death, incapacity, abroad, unfit)

Appointment of a replacement by the continuing trustees

Trustee Act 1925 s.36

Trustee simply wants to step down, two trustees remain

Retirement by deed with co-trustees' consent

Trustee Act 1925 s.39

All adult beneficiaries agree, want a trustee replaced

Written notice by the beneficiaries

TLATA 1996 s.19

Deadlock or a trustee who will not co-operate

Application to the court to remove and replace

Trustee Act 1925 s.41

General overview of routes in England and Wales, as at July 2026 and subject to change. Statutory references: Trustee Act 1925 and TLATA 1996 s.19.

A worked example (illustration only). A family trust has three trustees. One, an aunt, has moved permanently overseas and wants to step down, and the two remaining trustees are happy to continue. Because two trustees will still be in place, the aunt may be able to retire by deed with their written consent, without appointing anyone new, under section 39 of the Trustee Act 1925 (legislation.gov.uk, as at July 2026, subject to change). The trust's bank account and any property would then be put into the names of the two continuing trustees, and, if the trust is registered, the change reported to HMRC within 90 days (gov.uk, as at July 2026, subject to change). Different facts, such as only one trustee remaining, would change the route, so this is general information rather than advice for a specific trust.

Putting the assets into the new trustees' names

Signing the deed is only part of the job. Legal title to the trust's assets has to be moved into the names of the trustees who remain, otherwise a former trustee can stay on the paperwork. Bank and investment providers usually have their own forms, and where the trust owns registered land the register of title held by HM Land Registry needs updating to show the current trustees (HM Land Registry, gov.uk, as at July 2026, subject to change). It can be worth confirming each provider's requirements before treating the change as complete.

Updating the Trust Registration Service

Many trusts are registered with HMRC through the Trust Registration Service, and the register has to be kept current. Where a trustee is added, amended or removed, the trustees generally need to report the change on the service, and HMRC states that changes must be reported within 90 days of them happening (gov.uk, manage your trust's details, as at July 2026, subject to change). Some lead-trustee details cannot be changed online and require writing to HMRC, so it can be worth checking the current guidance before starting. Keeping the record straight sits alongside wider trustee duties.

Changing trustees in Scotland and Northern Ireland

This note describes the law of England and Wales. Scotland has its own trust law, recently modernised, with different statutory powers to assume and remove trustees, so the deeds and terminology differ. Northern Ireland has a separate but broadly comparable system. The Trust Registration Service, being run by HMRC, applies across the UK, so the 90-day reporting point is the same wherever the trust sits (gov.uk, as at July 2026, subject to change). Where a trust or its assets touch more than one UK nation, it can be worth taking advice in each. For the wider picture, see our estate planning guide.

Frequently asked questions

How do you remove a trustee who will not resign?

Start with the trust deed, which may let a named person remove a trustee. In England and Wales, adult beneficiaries entitled to the whole trust can also serve written notice under the Trusts of Land and Appointment of Trustees Act 1996 (legislation.gov.uk, as at July 2026, subject to change). Failing that, the court can remove a trustee. Many people take advice before going to court.

Do you need a solicitor to change a trustee?

Not always, but changing a trustee involves a deed and the transfer of legal title, and mistakes can leave a former trustee on the paperwork. Simple retirements are sometimes handled without one, though trusts holding property, disputes, or removing an unwilling trustee often involve a solicitor or a STEP practitioner. Where the stakes are high, many people choose to take professional advice.

How many trustees can a trust have?

It depends on the trust deed and the type of trust. A trust can have a single trustee, though for a trust of land in England and Wales certain things, such as giving a valid receipt for the proceeds of sale of land, generally need at least two trustees or a trust corporation (legislation.gov.uk, as at July 2026, subject to change). The deed may set its own limits.

Do you have to tell HMRC when a trustee changes?

Where the trust is registered on the Trust Registration Service, yes. Adding, amending or removing a trustee is a change that generally has to be reported, and HMRC states changes must be reported within 90 days of them happening (gov.uk, as at July 2026, subject to change). Some lead-trustee details cannot be updated online and need a letter to HMRC instead.

Can a trustee be removed for doing a bad job?

Possibly, but a trustee is not removed simply because a beneficiary disagrees with a decision. The court can remove a trustee where doing so serves the interests of the beneficiaries and the proper running of the trust, for example on serious breach of duty or a breakdown in relations (legislation.gov.uk, Trustee Act 1925 s.41, as at July 2026, subject to change). This is fact-sensitive, so advice is generally sensible.

What happens to trust property when a trustee changes?

The legal title has to move into the names of the continuing trustees. Bank and investment providers have their own forms, and where the trust owns registered land the register of title held by HM Land Registry needs updating (HM Land Registry, gov.uk, as at July 2026, subject to change). Until that is done, a former trustee can remain on the paperwork, so completing the transfers matters.

About Fairchild Oldfield

The Fairchild Oldfield team brings together estate planning, tax, independent financial advice and client care, working with families across England and Wales.

Fairchild Oldfield are estate planning specialists and will writers, not a firm of solicitors. This article is general information based on practical experience, not legal, tax or financial advice.

Important: This article is general information only and is not legal, tax or financial advice. Reading it does not create a professional relationship. It is based on the law of England and Wales, and other UK jurisdictions may differ. Figures and rules are current as at July 2026 and are subject to change. Before acting, many people choose to seek advice from a suitably qualified professional, such as a solicitor, a STEP practitioner, an accountant, or an FCA-authorised financial adviser, who can consider your individual circumstances.