Section 104 — Trusts Act 2019: Compulsory removal of trustee

104 Compulsory removal of trustee (1) A person with the power to remove trustees must act to remove a trustee if— (a) a trustee loses the capacity to perform the functions of a trustee; and (b) that trustee’s powers have not been delegated in a manner authorised by an enactment or by the terms of the trust. (2) For the purposes of subsection (1)(a), and without limiting that paragraph, a person loses the capacity to perform the functions of a trustee if the person— (a) is subject to an order appointing a manager under section 31 of the Protection of Personal and Property Rights Act 1988; or (b) has a trustee corporation managing the person’s property under section 32 or 33 of that Act.