Trusts Act 2025
sec.168Power to disqualify persons from appointment as trustees and remove them as trustees of other trusts
Start here
Get a plain-English read of sec.168
Turn the raw legal text into a practical explanation grounded in Trusts Act 2025.
sec.168 Power to disqualify persons from appointment as trustees and remove them as trustees of other trusts
This section applies if the court— removes a person as trustee of a trust under section 166 (2) (c) ; and is satisfied— the person has committed 1 or more breaches of trust; and the nature and seriousness of the breaches make the person unfit to act as a trustee. The court may, by order— disqualify the person from being appointed as a trustee of any trust for a stated period; and if the person is a trustee of another trust when an order is made under paragraph (a) —remove the person as trustee of the other trust. (sec.168-ssec.1) This section applies if the court— removes a person as trustee of a trust under section 166 (2) (c) ; and is satisfied— the person has committed 1 or more breaches of trust; and the nature and seriousness of the breaches make the person unfit to act as a trustee. (sec.168-ssec.2) The court may, by order— disqualify the person from being appointed as a trustee of any trust for a stated period; and if the person is a trustee of another trust when an order is made under paragraph (a) —remove the person as trustee of the other trust.
- (a) removes a person as trustee of a trust under section 166 (2) (c) ; and
- (b) is satisfied— (i) the person has committed 1 or more breaches of trust; and (ii) the nature and seriousness of the breaches make the person unfit to act as a trustee.
- (i) the person has committed 1 or more breaches of trust; and
- (ii) the nature and seriousness of the breaches make the person unfit to act as a trustee.
- (i) the person has committed 1 or more breaches of trust; and
- (ii) the nature and seriousness of the breaches make the person unfit to act as a trustee.
- (a) disqualify the person from being appointed as a trustee of any trust for a stated period; and
- (b) if the person is a trustee of another trust when an order is made under paragraph (a) —remove the person as trustee of the other trust.