Can a Trustee Remove a Beneficiary From a Trust?

Publication Date January 31, 2026 in Trust Litigation

In California, a trustee has a fiduciary duty to protect the best interests of the beneficiaries, and this individual’s authority and power are defined by the trust document and California law. But can a trustee actually remove a beneficiary from a trust?

You came to the right place for clarification on this often convoluted topic. Keep reading to learn when and how a trustee could unilaterally remove a beneficiary from a trust — and when they cannot.

Circumstances When a Trustee May Have the Power to Remove a Beneficiary

A trustee generally cannot unilaterally remove a beneficiary from a trust, as this violates their responsibilities. However, they may have the right to do so if the trust document grants specific authority, like a discretionary power to withhold or a power of appointment, or under other conditions. For example, if the individual becomes addicted to illegal substances or fails to meet age or behavioral requirements, the trust documents may give the trustee the power to remove them.

This legal instrument may also grant the trustee power of appointment. If so, they may be able to redirect assets, effectively removing a beneficiary’s share. The grantor of a revocable trust generally retains the power to change beneficiaries at will, or an heir could agree to be removed from the trust. In rare circumstances, a trustee may petition the court to remove a beneficiary if the beneficiary poses a significant threat to the trust’s assets or purpose. However, strong evidence and court approval are required.

Instances When a Trustee Cannot Remove a Beneficiary

A trustee’s primary job is to follow the terms of the trust document, and arbitrarily removing someone is typically a breach of their fiduciary duty. This individual simply cannot cut someone out because of personal judgments. Their responsibility to act impartially remains firm, regardless of whether the trustee and the beneficiary are fond of each other.

So, if you believe a trustee is trying to wrongfully remove you, you can petition the California Superior Court’s probate division to stop them. If extreme hostility between the parties undermines trust administration, or if the trustee has mismanaged assets or acted in bad faith, court intervention may ultimately be necessary.

Discuss the Power of a Trustee to Remove a Beneficiary from a Trust With Our Experienced Legal Team

Now that you have a better understanding of when a trustee could remove a beneficiary from a trust and when they cannot, it is time to seek guidance from an experienced trust litigation attorney to discuss your options.

Hackard Law is the firm that beneficiaries across California turn to for a reason. We have served our community for decades with empathy and care, and thanks to our contingency-based fee structure, if we fall short of your expectations in court, there is no obligation to pay us.