In a irrevocable family trust Managing Trustee can be changed

Hey Jhantu! About your question on whether the Managing Trustee (cum Secretary) of an irrevocable family trust can be changed by majority decision of the trustee board, here’s how it generally works:

Key Points to Consider:

1. Irrevocable Trust:

   • The trust deed is usually the primary document that governs all actions, including appointment or removal of trustees or office bearers like the Managing Trustee or Secretary.

   • Since it’s irrevocable, major changes typically require adherence strictly to the deed's provisions.

2. Trust Deed Provisions:

   • Check the trust deed carefully:

     • Does it allow removal or replacement of Managing Trustee by majority vote?

     • Are there any special procedures for such a change?

     • Is the Managing Trustee appointed for a fixed term or at the discretion of trustees?

3. Role of Trustees Being Settlors and Beneficiaries:

   • While all trustees are family members, beneficiaries, and settlors, this does not automatically give unrestricted power.

   • The deed terms override this status.

4. Common Practice:

   • Usually, if the deed allows, the Board of Trustees can remove or appoint the Managing Trustee by majority decision.

   • If the deed is silent, trustees might need to follow general principles or seek legal advice.

5. Legal Advice Recommended:

   • Since family trusts can be complex, and this involves authority and control, consulting a trust lawyer to interpret the deed and applicable law is advisable.

Summary: