Probate & Trust Law Section Conference Manual ... - Minnesota CLE

succeed to the preceding trustee’s title to the trust assets. To effect the removal
of a trustee other than myself, the person entitled to remove the trustee shall
either deliver to such trustee a written statement that such removal is made, or
mail such statement to such trustee’s last known business address by registered
or certified mail, return receipt requested. After such delivery or mailing, a
removed trustee shall have no further duties, other than to account, and shall not
be liable or responsible for the acts of any successor trustee.”
b. Given the above provision, a drafting attorney may want to
consider:
(1) Deleting any of the provision’s language that does not
coincide with the more specific provisions of the document.
For example, if there is no provision for a successor trustee,
deleting the first two sentences may eliminate potential
confusion.
(2) If there is only a single trustee, whether the language of the
first sentence providing that the remaining trustees shall
give notice to the successor trustee should be eliminated to
avoid confusion.
(3) If the trustee provisions require an independent trustee,
how the procedures for appointment of or the automatic
succession of an independent trustee fit with this form
language. Frequently, it may be desirable to have the
removal of one independent trustee contingent upon the
acceptance of appointment by the successor independent
trustee.
(4) How to proceed if the person with the power to appoint a
successor trustee fails to act on that power.
c. The power to remove a trustee is an important power that can
operate as a check and balance on the actions of the trustee.
Careful consideration needs to be given when determining who is
the appropriate individual(s) to have that power from both the
operational perspective as well as from the perspective of the
dynamics of the family and issues of power or control among
family members.
d. When clients want to name a corporate trustee as a successor, it is
important to ensure that the corporate trustee will accept the
appointment when the time comes. Failing to take such a step can
dramatically alter the Grantor’s intentions regarding trusteeship.
Too often there are administrative or liability issues wrapped up in
documents that will cause a corporate trustee to decline an
appointment. Most corporate trustees will review documents, prior
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