Trustee Removal Without Misconduct: Key Lessons from Graham Cheslyn-Curtis Will Trust [2025] EWHC 3011 (Ch)

Private client lawyers often assume trustee removal is only a risk where there has been fraud, incompetence, or breach of duty. This High Court decision is a reminder that trustees can be removed even where they have acted lawfully if the trust cannot be properly administered due to conflict.

In Graham Cheslyn-Curtis Will Trust [2025] EWHC 3011 (Ch), the court removed two trustees and directed the appointment of an independent professional trustee, primarily because the trustee-beneficiary relationship had broken down beyond repair.

The legal test: proper administration comes first

The court’s focus was not on punishment. It was practical: Could the trust still be administered effectively?

Even where trustees are technically performing their duties, the court can intervene if:

• relations have collapsed,

• communication is dysfunctional, and

• ongoing administration is likely to be obstructed.

This is particularly important for lawyers advising on will trusts, family trusts, and trustee appointment clauses.

What Evidence Did the Court Consider?

The court examined the real-world functioning of the trusteeship, including

1. Evidence of a breakdown in trustee-beneficiary relations

The court considered the extent to which relations between trustees and beneficiaries had deteriorated and whether trust administration had become practically unworkable.

2. Evidence of hostility by one trustee

A key factor was the court’s assessment that one trustee had adopted a hostile attitude towards the claimants. That hostility was relevant because it undermined confidence and made cooperative administration unrealistic.

3. Whether trustees were complying with the deceased’s wishes

The court also looked at whether the trustees were acting consistently with the purposes of the will trust and the deceased’s intentions, even though this was not decisive on its own.

4. Whether there were serious breaches of duty

Importantly, the court found there were no substantial breaches of duty. This is what makes the case significant: removal was justified even without misconduct.

5. Whether continuing with the trustees would damage administration

The court considered whether the ongoing conflict would delay decisions, obstruct distributions, or generate unnecessary cost and friction.

The conclusion was that the breakdown was so severe that continuing with the existing trustee structure was not viable.

The Outcome: Removal And Professional Trustee Appointment

The court ordered:

• the removal of two of the trustees, and

• the appointment of an independent professional trustee to sit alongside the remaining trustees.

This was designed to stabilise decision-making and ensure proper administration going forward.

Why This Case Matters For Private Client Lawyers

This decision is directly relevant to solicitors drafting wills and trusts because it confirms a blunt reality:

Trustees Can Be Removed For Relationship Failure Alone

Even where trustees are honest and acting within their powers, they remain vulnerable if:

• beneficiaries refuse to engage,

• communication breaks down, or

• trustees adopt an aggressive or combative approach.

Drafting And Advisory Lessons For Will Trusts And Family Trusts

1. Trustee selection is a risk decision, not an honour

Clients often choose trustees because they are loyal or “will stand firm”. This case shows that being combative can backfire.

2. Mixed trustee boards are often safer

Where there is likely to be tension, appoint:

• one family trustee, and

• one independent professional trustee

can prevent deadlock and reduce the risk of litigation.

3. Removal provisions matter

Wills and trust deeds should include clear mechanisms allowing:

• retirement,

• replacement,

• appointment of additional trustees, and

• professional trustee involvement.

If the drafting is rigid, the only route to resolution may be a High Court application.

4. Private client lawyers should assume conflict

Many trust disputes are not about money at first - they are about control, suspicion, and resentment. This case reinforces that planning should assume relationships may deteriorate after death.

How Forbes Solicitors Can Help You

Forbes Solicitors advises clients on:

• trustee selection and appointment

• will trust drafting

• family trust structures

• introducing professional trustees

• reviewing existing trusts to reduce future risk

Our private client team works alongside our contentious trusts and probate specialists to ensure that wills and trust structures are drafted with real-world conflict in mind, reducing the risk of expensive trustee disputes later.

For more information or to arrange a consultation, call 0800 689 3607 to speak with a member of our team.