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Trustee Act

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  • Trustee Act

    Can anyone please tel me under the Trustee Act what section covers that it is a failure if a Trustee refuses Trusts Accounts?
    Tags: None

  • #2
    Refuses to what? Prepare accounts? Agree accounts?

    Claims may be brought under CPR Part 64 rule 2(a) requiring a trustee to provide and verify accounts.

    https://www.justice.gov.uk/courts/pr...art64#IDA4UNCC
    https://www.justice.gov.uk/courts/pr...t64/pd_part64a
    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
      Originally posted by atticus View Post
      Refuses to what? Prepare accounts? Agree accounts?

      Claims may be brought under CPR Part 64 rule 2(a) requiring a trustee to provide and verify accounts.

      https://www.justice.gov.uk/courts/pr...art64#IDA4UNCC
      https://www.justice.gov.uk/courts/pr...t64/pd_part64a
      Refuses to give bank statements for the running of the Trust, and refuses to cooperate over missing funds.

      Thanks for the links will look those up.

      Comment


      • #4
        The Trustees have refused for 3 years for the Trusts Accounts.

        Bank statements have been asked for and the Trustees are not cooperaing, the brother especially.

        There is a concern that the brother has embezzled the fund and spent the monies on himself and his grandchildren.

        The claimant has had no monies for 3 years.

        The brother gave away a sellable assesst ie a 3 year old car to a non beneficiary of the estate.

        The brother refuses point blank to cooperate over everything.

        There is a vast amount unaccounted for which the brother is refusing to cooperate, causing the Trust a severe financial loss.

        What can I do?

        Comment


        • #5
          Originally posted by Lucky4Seven View Post
          What can I do?
          What does your solicitor advise?

          Comment


          • #6
            You may look again at the links in post #2
            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


            • #7
              Originally posted by Huxie View Post

              What does your solicitor advise?
              He will be seeking further advice from a barrister their firm uses in the long run for the brother's removal as Trustee.

              Can the Trust be made invalid due to the issues the brother has caused, but in particular repeated failure for 3 years not providing Trust Accounts?

              Comment


              • #8
                Originally posted by Lucky4Seven View Post
                Can the Trust be made invalid due to the issues the brother has caused, but in particular repeated failure for 3 years not providing Trust Accounts?
                Sorry, no.
                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


                • #9
                  Originally posted by atticus View Post

                  Sorry, no.
                  So basically he can plunder the fund, and take all the monies out, and there's nothing I can do!? Even though the Trusdt was setup for my initial benefit?

                  Comment


                  • #10
                    Basically if he does that you may take action to hold him to account. I believe that you are being advised by solicitors and counsel.
                    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

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