While Courts are reluctant to interfere with a testator’s intentions and desires as to whom they appoint as their trustees, sometimes situations arise where a Trustee can and must be removed. A Co-Trustee or beneficiary or any other person interested in the Estate of the deceased may bring an application before the court for the removal of the Estate Trustee. The burden is on the applicant to persuade the Court as to why the Trustee should be removed, a rather heavy burden. Some common grounds that may result in the removal of an Estate Trustee include, but are not limited to: The Estate Trustee declares bankruptcy; The Estate Trustee is convicted of a criminal offence; Incapacity; Breach of trust; Lack of appreciation of the duties of an Estate Trustee; Disagreement with beneficiaries; and Conflict of interest; Each case will turn on its own facts, and it is therefore important to consult with an estate litigation lawyer to determine whether the facts of your case are sufficient for a removal application.