Trusts Act 2019

Appointment and discharge of trustees - Removal of trustee

106: Notice of decision to remove

You could also call this:

"Telling a trustee you've decided to remove them"

Illustration for Trusts Act 2019

If you decide to remove a trustee under section 103, you must tell the trustee about your decision. You do this by giving the trustee notice of the decision. The notice is like a formal message that lets the trustee know what you have decided.

If you try to find and contact the trustee but cannot, you do not have to give them notice. This might happen if you do not know where the trustee is or if they are not able to be contacted. In this case, you are not required to give the trustee notice of your decision to remove them.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM7383022.


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105: Optional removal of trustee, or

"Removing a trustee when it's best for the trust and they're no longer suitable"


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107: Effect of notice, or

"What happens when you get a notice that removes you as a trustee"

Part 5Appointment and discharge of trustees
Removal of trustee

106Notice of decision to remove

  1. A person who makes a decision under section 103 to remove a trustee must give that trustee notice of the decision.

  2. However, the person is not required to give notice of the decision if, despite the person’s reasonable efforts to locate and contact the trustee, it is not known where the trustee is and the trustee cannot be contacted.