Trusteeship Declination
(NJ)

Summary

This template is a declination of trusteeship for use by a nominated trustee of an existing trust. Nominees may use this template to decline appointment to a trusteeship in New Jersey. This template contains practical guidance and drafting notes. A person nominated as trustee is not required to accept the trusteeship. N.J. Stat. Ann. § 3B:31-46(b). If the nominated trustee chooses not to serve, he or she may sign a trusteeship declination document, such as this one. New Jersey law does not require the execution of a specific form. A person designated as trustee who does not accept the trusteeship within a reasonable time of being informed of the nomination is deemed to have rejected it. N.J. Stat. Ann. § 3B:31-46(b). Accepting a trusteeship requires a formal act, which is more than simply performing the duties a trustee would normally perform. For example, acting to preserve, inspecting, or investigating trust property does not necessarily mean that a person has accepted a trusteeship N.J. Stat. Ann. § 3B:31-46(c). For a full listing of key content on creating an estate plan for an individual with a spouse or partner residing in New Jersey, see Estate Plan for Individual with Spouse or Partner Resource Kit (NJ). For a trusteeship acceptance template, see Trusteeship Acceptance (NJ). For more information about trusts, see Characteristics and Uses of Trusts (NJ) and Revocation, Amendment, and Termination of Trusts (NJ).