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,
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,
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