Section 105 — Trusts Act 2019: Optional removal of trustee

105 Optional removal of trustee (1) A person with the power to remove trustees may act to remove a trustee if— (a) it is desirable for the proper execution of the trust; and (b) 1 or more of the following grounds for removal are met: (i) the trustee repeatedly refuses or fails to act as trustee: (ii) the trustee becomes an undischarged bankrupt: (iii) the trustee is a corporate trustee that is subject to an insolvency event: (iv) the trustee is no longer suitable to hold office as trustee because of the trustee’s conduct or circumstances. (2) For the purposes of subsection (1)(b)(iv), examples of conduct and circumstances that may make a trustee no longer suitable to hold office as trustee include the following: (a) the trustee is convicted of an offence involving dishonesty: (b) it is not known where the trustee is and the trustee cannot be contacted: (c) the trustee is prohibited from being a director or promoter of, or being concerned or taking part in the management of, a company under the Companies Act 1993 : (d) the trustee is prohibited from being a director or promoter of, or being concerned or taking part in the management of, an incorporated or unincorporated body under the Financial Markets Conduct Act 2013 or the Takeovers Act 1993 .