The document discusses the basics of removing a trustee from an estate. It explains that in Ontario, the Superior Court of Justice has jurisdiction to remove a trustee under the Trustee Act. An application can be brought by the trustee themselves, a co-trustee, or anyone with a financial interest in the estate. The court has discretion to remove a trustee if they have acted improperly and can appoint a replacement trustee, ideally one who is neutral. Grounds for removal include bankruptcy, felony convictions, living outside the province, incapacity, lack of understanding duties, delays, conflicts of interest, or breaches of trust.

1. The Basics of
Trustee Removal
1

2. 2
How/Where
• A proceeding may be brought by court application for the removal
of one or more estate trustees
• In Ontario, the Superior Court of Justice has jurisdiction at
common law and under the relevant legislation (the Trustee Act) to
remove a trustee

3. 3
Who?
• Who may bring an application seeking the removal of an
estate trustee?
– Under the Trustee Act, an estate trustee him or herself, a co-trustee,
or any person with a financial interest in the estate may apply for the
removal of an estate trustee

4. 4
Who?
• Who may be removed or be appointed in the place of a
removed estate trustee?
– If, in the court's discretion, an executor, administrator, or trustee has
acted improperly and should not continue administering an estate or
other trust property, that individual may be removed
– When one trustee is removed, the court is authorized to appoint
another person or persons to act in the place of the removed trustee
– Courts are typically inclined to appoint a new trustee who is neutral
rather than one who may be biased in favour of the applicant or
removed estate trustee or in favour of one or more beneficiaries to the
prejudice of others

5. 5
When?
• An application for the removal of an estate trustee may be
commenced regardless of whether a Certificate of Appointment of
Estate Trustee has been granted or applied for
• The application may be made regardless of whether the estate
trustee has already begun the administration of the estate or has
not yet acted

6. 6
Why?
• Specific grounds that may constitute grounds for removal include
the following:
– Bankruptcy of the trustee
– Conviction of a felony
– Permanent residence outside of the province
– Incapacity through illness, age, or inclination
– Lack of appreciation of duties
– Undue delays
– Conflict of interest
– Breach of trust

7. 7
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