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Trustee of discretionary trust wants to resign - where does this leave me?

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  • Trustee of discretionary trust wants to resign - where does this leave me?

    Hi All,

    My mother is one of two trustees assigned to the discretionary trust left to me by my late father, the other is my uncle.

    Due to a family dispute my mother now wants to resign from her duties as trustee and is encouraging my uncle to do the same. Where would this leave me as beneficiary? Could they potentially appoint a solicitor to do the work of the trustees instead?

    I ask because the trust is not wildly clear on how the money was to be delegated to me, except in a statement of wishes which as I understand it is more of a guideline than a set in stone sort of thing. The only stipulation was that if I die before all funds have been used then the remainder would be passed on to my half brother and sister.

    I also have a strong suspicion that my mother may have potentially misappropriated funds and paid a sum of money to herself from the trust which was not outlined in the will, although as I have never seen a copy of the bank statements I can't yet prove this. Would this hold any sway in my being able to potentially take on the remaining money myself?

    Thanks in advance for any assistance.
    Tags: None

  • #2
    Can you find someone else in the family to take over, or even a family friend?

    Comment


    • #3
      Hi Ostell,

      It seems unlikely - the vast majority of my family live abroad (both my parents are/were foreign) and the only family friend I could think of who might be a possibility would most likely be much more vested in my mother's interests than in mine unfortunately.

      Comment


      • #4
        So get one of your friends?

        Comment


        • #5
          Any reason why the trust can't be wound up and the proceeds paid to you if the trustees agree?

          Comment

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