Trustee Resignation
(MA)

Summary

This template may be used by a trustee of either an irrevocable or revocable trust to provide notice to interested parties of his or her intention to resign. It is for use in Massachusetts. This template includes practical guidance and drafting notes. Under Mass. General Laws, Chapter 203E, Section 705, a trustee may resign (1) upon at least 30 days' notice to all interested parties (i.e., the settlor, co-trustees, qualified beneficiaries, and successor trustees), or (2) with court approval. Mass. Ann. Laws ch. 203E, § 705(a). A trustee who has resigned must proceed expeditiously to deliver the trust property within the trustee's possession to the co-trustee, successor trustee, or other person entitled to it. Mass. Ann. Laws ch. 203E, § 707. Resignation does not relieve the trustee from liability for his or her actions taken while administering the trust. Mass. Ann. Laws ch. 203E, § 705(c). For a full listing of key content on creating an estate plan for an individual with a spouse or partner residing in Massachusetts, see Estate Plan for Individual with Spouse or Partner Resource Kit (MA). For more information on the role of the trustee, see Requirements and Restrictions on Trust Purposes and Administration (MA). For more information regarding terminating a trust, see Revocation, Amendment, and Termination of Trusts (MA).