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

Unfilled Trustee Vacancy
If the office of trustee of a trust is vacant and no designated successor trustee is able and willing to
serve, then the following persons, in the order named shall appoint a successor *individual or
corporate fiduciary as successor trustee.
My spouse, then
*Optional [Name of Successor Trustee Substitutor], then
The primary beneficiary of the Trust, then
If the trust has no primary beneficiary or if the primary beneficiary is unable to act, then by a
majority of the beneficiaries then eligible to receive a distribution from the trust who are at
least 25 years old, and if none of such beneficiaries are at least 25 years old, then by a
majority of the class consisting of (1) the persons serving as Guardians for minor
Beneficiaries then eligible to receive a distribution from the Trust, and (2) the last person
who then has capacity to act who served as guardian for any beneficiary over age 18 and less
than 25 years old (and, if such child had more than one guardian, all of such guardians acting
together).
Any beneficiary may petition a court of competent jurisdiction to appoint a successor trustee
to fill any vacancy remaining unfilled after a period of 30 days. By making such
appointment, the court shall not thereby acquire any jurisdiction over the trust, except to the
extent necessary for making the appointment. If a beneficiary is a minor or is incapacitated,
the parent or legal representative of the beneficiary may act on behalf of the beneficiary.
Notice of Removal and Appointment
Notice of removal shall be in writing and shall be delivered to the trustee being removed, along with
any other trustees then serving. The notice of removal shall be effective in accordance with its
provisions.
Notice of appointment shall be in writing and shall be delivered to the successor trustee and any other
trustees then serving. The appointment shall become effective at the time of acceptance by the
successor trustee. A copy of the notice shall be attached to this agreement.
*Optional [Any action taken pursuant to this Section shall be evidenced by an acknowledged, written
instrument, delivered to the trustee so removed and/or appointed, as the case may be, and to any and
all other trustees who may then be serving, and in the case of an appointment which shall be effective
upon acceptance thereof by execution of an acknowledged, written instrument by the Trustee so
appointed. A copy of each written instrument shall be attached to this agreement.]
Minimum Number of Trustees After My Death
Following my death, there shall at all times be a minimum of _________ trustees serving under this
agreement for each trust created under this agreement unless an individual trustee is specifically
authorized to serve as sole trustee or unless a corporate fiduciary is serving as trustee.
If at any time there is only one individual trustee serving as trustee of a trust created under this
agreement and no successor trustee is designated in this agreement, or the successor so designated is
unwilling or unable to serve, the remaining trustee shall notify the primary beneficiary of the trust in
writing that he or she must name an individual or corporate fiduciary to serve as an additional trustee.
If a beneficiary is a minor or is incapacitated, the parent or legal representative of the beneficiary
may act on behalf of the beneficiary.
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