Solicitors Qualifying Examination (SQE) Practice Exa\

The power of beneficiaries to remove a trustee is typically dependent on certain conditions being met, and the most relevant condition here is that all beneficiaries must be of full age and mental capacity. This stipulation reflects the legal requirement that beneficiaries need to possess the ability to understand the implications of their decision to remove a trustee.

In the context of trust law, being of full age generally means that beneficiaries must be adults, while capacity entails that they are capable of making informed decisions that are legally binding. If even one beneficiary does not have the requisite capacity, it could invalidate any collective decision regarding the removal of the trustee, rendering option B the correct answer.

Other options lack the necessary combination of agreement or legal standing. While unanimous agreement could facilitate the removal of a trustee, it does not account for the situation where one or more beneficiaries lack capacity. Similarly, the failure of a trustee in their duties is certainly a valid reason for removal, but does not directly relate to the precondition of the beneficiaries' age and capacity. Therefore, ensuring that all beneficiaries are of full age and capacity is foundational for any valid collective action to remove a trustee.