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Removing or replacing the trustee If a beneficiary feels that the trustee has mismanaged the trust, he may want to replace the trustee. The trust documentation must be read carefully to know if a beneficiary has the power to remove a trustee. Of course, the Court always has the power to remove a trustee.
The trust deed lists the trustees. Therefore, to change an individual trustee, you need to amend the trust deed. Most trust deeds permit a change of trustee by way of a trustee resolution and entry into a deed of variation. A trustee resolution is a signed statement of the actions taken by the trustee.
The general rule is both grantors must die for a revocable trust to become irrevocable. However, there are legal ways to change the general rule for co-grantors. This means the parties that established the revocable trust have the legal power to set the rules for the trust.
If you made a trust with your spouse or partner, then while both of you are alive, you both must agree to amend any provision of the trust document -- for example, to change a beneficiary, a successor trustee or the property management set up for a young beneficiary.
A revocable trust can be modified while the Grantor is alive. Revising the terms of a trust is known as ?amending? the trust. An amendment is generally appropriate when there are only a few minor changes to make, like rewording a certain paragraph, changing the successor trustee, or modifying beneficiaries.