MBE Rules · Wills, Trusts & Estates
Trustee Removal
Cal. Prob. Code § 15642
The rule
A trustee may be removed for breach, unfitness, hostility impairing administration, excessive compensation, or where the disqualified-drafter presumption applies; removal lies on petition of settlor, cotrustee, or beneficiary.
In plain English
A trustee can be removed from their position if they violate their duties, are unfit for the role, create conflict, charge too much, or if they drafted the trust document and are therefore presumed to be disqualified. The removal can be requested by the person who created the trust, a co-trustee, or a beneficiary.
Worked example
Alice created a trust and appointed Bob as the trustee. Bob has been mismanaging the trust funds and has also been charging excessive fees for his services. Alice, the settlor, petitions the court for Bob's removal, and the court grants her request due to Bob's breach of duty and excessive compensation.
Memory hook
Trustees can be kicked out for misdeeds, conflicts, or greed.
The trap
Exams may present scenarios where a trustee's actions seem questionable, but students might overlook the need for a formal petition for removal, leading to incorrect answers.
How examiners test it
Questions often involve fact patterns where a trustee's conduct raises concerns, prompting candidates to identify the grounds for removal and the appropriate petitioners.
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More Wills, Trusts & Estates rules
- Co-Trustees · Cal. Prob. Code § 15620
- Formal Will Requirements · Cal. Prob. Code § 6110
- Spendthrift Exceptions · Cal. Prob. Code §§ 15305-15307
- Ademption of Specific Devises · In re Estate of Newsome (1967) 248 Cal.App.2d 712
- Intestate Succession · Cal. Prob. Code §§ 6400-6414
- Trust Creation Requirements · Cal. Prob. Code § 15200