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Trustees refusing estate and trust accounts - solicitor now pulling out

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  • Trustees refusing estate and trust accounts - solicitor now pulling out

    Mum died in July 2019, leaving my share in a Discretionary Trust, unbelievable at my age of 48.

    Past 6 months my solicitor has been repeatedly requesting under case law for both Estate and Trust Accounts.

    The Trustees have refused to cooperate and now my solicitor is pulling out leaving me in limbo.

    The Financial Advisor is 1 Trustees what can I do and whom do I report him to?

    My mum left me penniless and without access to my own Trust at my time of life forcing me to be dependent on the state, absolutely disgusting of her.

    I am at my wits end, my benefits stop in 8 months time I fear I will have no income coming in.
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  • #2
    Under a discretionary trust, the beneficiary has no automatic right to a distribution.
    The courts cannot change that, but if no distribution has been made the courts can order a change of trustees

    Under section 41 of the Trustee Act 1925, the court has a wide discretionary power to appoint new trustees either in addition to, or in substitution for existing trustees. The power may be exercised whenever the court considers it expedient to do so.

    I have vague recollection of a case many years ago where the court ordered replacement of the trustees.I think the reason was the trustees failure to deal with legitimate enquiries from beneficiaries and provide them with information about the trust to which they were entitled.

    Look for another solicitor who specialises in trust law.

    Comment


    • #3
      Originally posted by des8 View Post
      Under a discretionary trust, the beneficiary has no automatic right to a distribution.
      The courts cannot change that, but if no distribution has been made the courts can order a change of trustees

      Under section 41 of the Trustee Act 1925, the court has a wide discretionary power to appoint new trustees either in addition to, or in substitution for existing trustees. The power may be exercised whenever the court considers it expedient to do so.

      I have vague recollection of a case many years ago where the court ordered replacement of the trustees.I think the reason was the trustees failure to deal with legitimate enquiries from beneficiaries and provide them with information about the trust to which they were entitled.

      Look for another solicitor who specialises in trust law.
      I'm speaking to CAB in the week to see what they advise.

      I thought the solicitor I was using was an expert in trust law but I now believe this not to be the case, I am grateful I am not being charged.

      Comment

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