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If I am a Trustee, can I hand over my responsibilities?

Yes. Sometimes a trustee can no longer perform the job of being a trustee. This could arise from age, illness or relocation. It might also be that a trustee simply no longer wants to perform the duties or has come into conflict with the beneficiaries. In these cases, it may be best that a new trustee takes over.

A change of trustee can occur in many different ways. The trust deed may allow for the removal and appointment of new trustees. There are also provisions in trust law that allow for a change of trusteeship where the existing trustee is unable or unwilling to continue and wishes to be replaced. The Court also has the power to replace a trustee when it thinks it is necessary to allow a trust to carry on as intended.

State Trustees can accept appointment as the new trustee of a trust in many cases.

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