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Hear this out loud PauseBeing the Trustee of a Discretionary Trust means that you can distribute the Trust Property to the Beneficiaries at your discretion. This also carries with it the right to change the beneficiaries of a discretionary trust.
A beneficiary can renounce their interest from the trust and, upon the consent of other beneficiaries, be allowed to exit. A trustee cannot remove a beneficiary from an irrevocable trust. A grantor can remove a beneficiary from a revocable trust by going back to the trust deed codes that allow for the same.
Hear this out loud PauseThe 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.
Hear this out loud PauseYou're probably wondering: Can a trustee be removed without consent? The answer is a resounding yes. The ability to seek removal and replacement of a trustee is one of your most important rights as a trust beneficiary.
Hear this out loud PauseIn most cases, a trust deed generally offers two processes for the removal of a beneficiary. Most commonly, the beneficiary can sign a document to renunciate all interests as a beneficiary. Otherwise, the trustee may have discretionary power to revoke the beneficiary.