The mechanisms for removing trustees from their office are essential to the protection of the welfare of beneficiaries and the quality of trust administration. During our discussion, we will look at how and in what circumstances a Trustee may be removed from office, what factors the court will consider when deciding whether a Trustee should be removed and what are the practical consequences of removal.
We will look at Section 20 of the Trusts of Land and Appointment of Trustees Act 1996 (ToLATA 1996) and how it provides a mechanism for replacing a trustee who lacks mental capacity within the meaning of the Mental Capacity Act 2005.
Join us for a discussion regarding the removal of Trustees with a particular focus on mental capacity.
Our Speakers:
- Chair: Paul Clark, Managing Director & Solicitor at Spall Clark Solicitors and Private Client Solicitors Section Advisory Commitee Member
Paul is the managing director of Spall Clark Solicitors. He deals with all aspects of private client work but has a particular focus on complex estates (often involving an international element) and advising vulnerable clients.
Paul is a full member of STEP and a former trustee of a charity for adults with learning disabilities.
- Sophie Bebbington, Associate, contentious probate and litigation specialist at HM3 Legal
Sophie works predominantly with clients in the Northwest and North Wales, representing both claimants and defendants. She specialises in disputed wills, trusts and probate – often covering inter-generational matters and business assets. Particular expertise involves guiding parties to resolve complex estate disputes which often entails Inheritance Act Claims and will validity challenges.
- Richard Mullan, Counsel at Linenhall Chambers
Sitting on the Wales and Chester circuit, Richard has more than 25 years’ experience in civil law and matrimonial finance matters. He regularly appears in the High Court and County Court in a range of complex civil and Chancery cases.
Richard practices widely across the Northwest and North Wales, advising clients on land, business and partnership matters, and, related, all matters arising from co-habitation disputes.
He also holds a significant matrimonial finance practice and has particular expertise in relation to landed estates and agricultural divorces.
- Tom Rushton, Counsel at Linenhall Chambers
Tom has a broad civil practice, including commercial, employment, insolvency, property, landlord & tenant, trusts, probate, housing and personal injury.
Tom is a Member of The Honourable Society of the Inner Temple.
Date: Tuesday 7 October 2025
Times:
11.45am – Registration
12.15pm – Welcome by Chair, Paul Clark
12.20pm - Panel Discussion with Sophie Bebbington, Richard Mullan, Tom Rushton
1.00pm - Q&A for panel, chaired by Paul Clark
1.10pm - Closing remarks
1.15pm – Networking and Lunch
2pm – Close
Supported and hosted by:
Venue:
HM3 Legal, Gorse Stacks House, George Street, Chester, CH1 3EQ
