Trustee refusing to cooperate or even respond to letters.

[SilverfoxUK]

Hi everyone,

I’m having trouble with my trustee. Some years ago I purchased a property which I put into trust. I am the settlor of the trust and the sole beneficiary too. The trustee acknowledged she is trustee only and as such would hold the property for my benefit. It was agreed that she could live in the property.

The trust document states that upon the instruction of the purchaser (me), the property ownership must be transferred as directed by the trustee.
I have requested this be done twice now, but to no avail, all communications have been closed by the trustee.

I am am aware that I will have to go through the CPR to serve notice etc. However my query was which route to take this down.

- There is possible TOLATA s.19 I understand, just to force the retirement of the trustee, or,
- Wind up the trust, as the beneficiary (me) meets the Saunders vs Vautier rule.
- Ask for specific performance (for the trustee to sign the TR1)
- Ask for a court order and the judge to order the property be registered as my wishes, as per the declaration of trust. (My preferred option I think)

I’m looking for come help in achieving this. Specifically if I can just used the N244 and request the court order after demonstrating there is no response from the trustee despite numerous letters (I asked a solicitor to send two as well just in case the trustees uses the ‘i didn’t get anything’ route). I would need to obtain some help for drafting an order to assist with this application.

Im hoping N244 would suffice in the local country court to be dealt with with by Dist, Judge?

your comments and help would be most appreciated,

thanks all,

[SilverfoxUK]

Just thinking if an N244 would suffice? The court office had no clue about the best application for this.

[Peridot]

Hi Silverfoxxuk,

How is the legal title of the property held at HM Land Registry. If you aren't sure you can obtain a copy of the title document here for a nominal fee https://www.gov.uk/search-property-i...-land-registry although from the sound of your post you can probably clarify this for us without the need to obtain official copies of the register entry at HMLR. It's often helpful for others to mention it though so excuse me if it's a bit grandmother and eggs situation.

Was the Deed of Trust registered at the Land Registry too? Did the solicitor suggest next steps when you instructed them to write to the resident trustee?

It is difficult to point you in the right direction without seeing the full trust document I'm afraid. Is there any way you can post the trust deed on here, redacting the identifying names and addresses.