
Can a Trustee Be Removed Without Consent?
You set up a trust so property will be managed with care, yet something feels off about the person in charge. Trustees hold wide-ranging authority, and for the most part, they perform their duties effectively. Still, Virginia law recognizes that mistakes, conflicts, or even misconduct can happen.
At Commonwealth Life and Legacy Counsel, we see families facing this issue and want to share when, why, and how a court may step in to replace a trustee who will not step aside voluntarily.
Grounds for Trustee Removal in Virginia
Removing a trustee is not a step to be taken lightly. Courts only grant the request when clear statutory grounds exist, and the evidence supports each claim.
Statutory Basis for Removal
Virginia Code § 64.2-759 sets out who may seek removal and on what terms. A petition can be initiated by the settlor, any beneficiary, a co-trustee, or the Attorney General if the trust is charitable. The court itself may also act if obvious problems appear in a related case.
Specific Reasons for Removal
Section 64.2-759(B) lists four broad reasons a judge may remove a trustee. Each reason protects the trust from damage more than it punishes the trustee.
- Serious breach of trust, such as misappropriating funds or refusing to provide information.
- Lack of cooperation among co-trustees blocks timely decisions.
- Unfitness, unwillingness, or persistent failure to manage the trust effectively best serve the beneficiaries.
- A substantial change in circumstances or a joint request by all qualified beneficiaries, plus a suitable successor, is available.
While any single misstep might not reach this level, a pattern of issues often does.
Other Circumstances
Separate statutes, such as § 64.2-1405, cover routine vacancies. A trustee may die, lose capacity, move out of state when residency is required, resign, or, if a corporate trustee, fold into bankruptcy. In such situations, the court may appoint a replacement even in the absence of wrongdoing.
The Process of Removing a Trustee
Once grounds appear, the next hurdle is the procedure. Courts follow a set sequence meant to protect everyone’s rights.
First, a petition outlining the alleged facts is filed with the circuit court that has jurisdiction over the trust. Every interested party receives formal notice and a hearing date. During the proceeding, you must present clear and convincing proof, such as bank statements, emails, or expert testimony, that supports each ground for removal.
Pending the final ruling, the judge may issue temporary orders under § 64.2-792(B). Temporary relief can include suspending the trustee, freezing certain accounts, or directing a neutral fiduciary to secure records.
Who Can Petition for Removal?
The list of potential petitioners is short but flexible:
- The settlor while alive and competent.
- A co-trustee who believes another trustee is blocking proper administration.
- Any beneficiary, including those with a small share, so long as they can show potential harm.
- The Attorney General, when a charitable trust is involved.
The court itself may also act sua sponte if serious problems surface in an existing matter, though that is uncommon.
Appointing a Successor Trustee
After removal or resignation, the trust still needs leadership. The Uniform Trust Code supplies an order of priority.
Priority Level | Who May Serve | Notes |
1 | Person named in the trust document | Language in the instrument controls unless that nominee is unavailable or declines. |
2 | Candidate approved by all qualified beneficiaries | Unanimous written consent is required. This route avoids court time if everyone agrees. |
3 | Person appointed by the court | The judge may select an individual or a corporate fiduciary with suitable experience. |
Once appointed, the successor accepts the role, secures a bond if needed, and requests records from the former trustee or their estate.
When to Seek Legal Counsel
Trust disputes can escalate rapidly from mild concern to full-blown litigation. Early advice helps determine if a private meeting, formal demand letter, mediation, or immediate court action is the best approach. Waiting too long risks asset loss, hidden transactions, or issues with statutes of limitation.
Protect Your Legacy: Contact Commonwealth Life and Legacy Counsel Today
Our team at Commonwealth Life and Legacy Counsel takes pride in guiding Central Virginia families through tough trust matters with clarity and compassion. If you suspect a trustee is falling short or if you are a trustee facing questions about your role, please call us in Central Virginia at 434-589-2958 or in Powhatan at 804-598-1348. You can also reach us at info@winget-hernandez.com or visit our Contact Us page. Timely advice can preserve trust assets and family relationships, so don’t hesitate to get in touch.