Q. When can the office of a trustee be vacated?

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The trusts act provides the qualification appointment and discharge of trustee. a person appointed as trustee may accept the appointment or may not. it totally depends upon his own sweet will to accept the appointment or not because no one can be compelled to be a trustee but once trustship is accepted one is bound to carryout its duties. a trustee can also be discharged from his liabilities and his office may be vacated.
2. Relevant Provisions:
Sec 70, 71 trust act.
3. Vacation of office of trustee:
According to Sec. 70 office is vacated in the following:
I. Death:
If trustee dies his office falls vacant.
II. Discharge from his office:
If trustee discharge from his duties his office is vacated.
4. Ways of discharge from office:
The trustee may be discharge from his office in the following ways.
I. Extinction of trust:
By the extinction of trust, the office of the trustee is vacated.
When a trust is extinguished:
In the following circumstances the trust is extinguished:
(i) When its purpose is completely fulfilled.
(ii) When its purpose becomes unlawful.
(iii) When the fulfillment of its purpose becomes impossible by destruction of trust property.
(iv) When the trust being revocable, is expressly revoked.
II. Completion of duties:
If trustee has completed his duties in connection with the trust property, his office may be vacant.
III. Deed of trust:
The office of the trustee may be vacated by such means as may be prescribed by the instrument of trust.
IV. Appointment of new trustee:
The office of the trustee may be vacated by the appointment of new trustee in his place.
(i) Powers of new trustee:
Every new trustee so appointed, and every trustee appointed by a court either before or after the passing of this act, shall have the same powers, authorities and discretion . and shall in all respect act as if he had been originally nominated a trustee by the author of trust.
V. A consent of beneficiary:
By the consent of himself and beneficiary or where there are more beneficiaries than one, all the beneficiaries being competent to contract.
VI. Appointment by the court:
If appointment is made by the court to which a petition for discharge of trustee is presented under this act the office of the trustee is vacated.
(a) (i) Who can apply for discharge :
Every trustee may apply for discharge of duties.
(ii) Where petition is field:
Petition is filed in principal civil court of original jurisdiction.
(b) Conditions:
Trustee must have reasonable ground for filing petition for discharging himself by his duties. if he has not reasonable ground he can not be discharged by the court unless a proper person can be found to that his place.
5. Important modes of discharge:
Generally important modes of discharge of trust are as under:
(i) Extinction of trust.
(ii) Retirement of trustee
(iii) Consent by all interested parties.
(iv) Petition filling in the court for releasing by the trustee.
6. Conclusion:
To conclude i can say that once trustship is accepted by the trustee, he is bound to carry out his duties because a trust is obligatory. however under trust act, the sole trustee or the trustees under trust act the sole trustee or the trustees fist appointed may disclaim the trust or decline to act as trustees. the office of trustee is vacated by the death of by his discharge form his office.

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