Changing trustees

Produced by a Tolley Trusts and Inheritance Tax expert

Trusts and Inheritance Tax

Guidance

This guidance note details how and when a trustee can be changed either by retirement or removal and how they can be replaced. It should be read in conjunction with the Appointment of trustees ― legal aspects guidance note, which considers the office and appointment of trustees generally and the Appointment of trustees ― practical considerations guidance note.

Trustees should be appointed and retire by deed. Writing deeds is a reserved legal service under the Legal Services Act and should only be undertaken by someone suitably qualified, such as a lawyer. See the Reserved legal services guidance note for more information.

This guidance note deals with the position in England and Wales only. See Simon’s Taxes I5.8 for details of the provisions affecting Scotland and Northern Ireland.

Death of a trustee

When a trustee dies, the remaining trustees carry on unaffected. Death does not need to be recorded in a deed but it should be noted in any deed appointing a replacement trustee. A copy of the death certificate should be retained by the trustees

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