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How to remove a Trustee without involving the Courts

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  • How to remove a Trustee without involving the Courts

    Can anyone please give me some advice as to how to remove my brother as a Trustee.

    He is still refusing me money from a Discretionary Trust after 3 years, and especially I've had to get a solicitor involved for the past 12 months.

    My brother has done things behind my back, ie gave away a 3 year old car to a non beneficiary when I should have had it, appointed his wife as a Third Trustee without consulting with me first.

    Is there any legislation which I can ask my solicitor to look into as to how to remove him and his wife as Trustees when he didn't follow the correct procedures when his wife was appointed.

    The Will Trust is silent on the grounds of removing a Trustee.
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  • #2
    Without involving the courts?

    Has your solicitor offered any advice? He or she has the advantage over us of having seen the trust deed and knowing more about the circumstances.
    Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

    Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

    Comment


    • #3
      Lucky4Seven you have now started 15 threads about the difficulties you have with this trust fund, plus PMs.
      It has now becoming impossible to follow all the ramifications, so please do not start any new threads on this matter

      Comment


      • #4
        Originally posted by atticus View Post
        Without involving the courts?

        Has your solicitor offered any advice? He or she has the advantage over us of having seen the trust deed and knowing more about the circumstances.
        Yes the Will Trust is silent on removing a Trustee.

        Comment


        • #5
          By way of reminder:
          Originally posted by atticus View Post
          Has your solicitor offered any advice?
          Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

          Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

          Comment


          • #6
            Originally posted by atticus View Post
            By way of reminder:
            He's going to investigate what they can do or if there is any legislation or the Trustee Act on how to remove him and his wife without involving the Courts.

            My legal fees are currently £20K which will sadly eat into The Trust, however he is also looking into claiming costs against the Trustees personally as its a Breach of Trust, and especially as my brother in particular has assets that could be seized.

            Comment


            • #7
              I suspect that if he does not go voluntarily a court action will be required.

              Comment

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