Being a person of trust and trustee’s for trust fund

[Mortisha103]

A relative who had compensation for a head injury put in trust for future care, a family member was a named person of trust and solicitors trustees. As a safeguard from manipulation the named person of trust would have to be contacted if any attempts to change the will were made- the original solicitor trustees left the firm and nee trustees appointed - it was when new trustees were appointed everything changed - the solicitor stopped corresponding with named person and they allowed the will to he changed and the named person without any notice can not have any input and solicitors will not accept the will should not have been changed saying the person who received the compensation for a permanent head injury had capacity - it appears original manipulation fears have been allowed to happen - can anything be done

[des8]

Your main concerns seem to be that the injured relative was coerced into changing his will, or may not have had capacity.
Is he still alive?
Is there any evidence of coercion?
Is there any reason to doubt the solicitors assessment regarding the testamentary capacity of the testator? Do bear in mind that the threshold for testamentary capacity is fairly low

[Mortisha103]

No the person died
as for capacity - the compensation was paid because of the permanent injury which she would have for life and still needed a carer/case manager till she died thats what the compensation was for to ensure She would always have care due to lacking capacity which medical reports confirmed plus there wouldnt have had been a need for a named person of trust for the courts plus the fear of coercion was discussed at the time the trust was started and had to be contacted to give permission before anything was done to the trust money or will because of coercion the person of trust had to give permission for everything including allowing the solicitor to invest. And as far as coercion I believe also lacked capacity as unfortunately they had documented addictions and they was allowed to have full control given to her but the fact remains no correspondence was given to the original person of trust to change things surely she would have some say

[des8]

When you write a post, can you please put it into sentences and paragraphs, so it is easier to read and understand.

A person who lacks capacity may have periods of lucidity when they have testamentary capacity.

Are you saying there is a court order in place which required a third person to give permission to allow the testator to rewrite their will?
Do you have a copy of that order?

As the testator has now died, what is your interest in the will?

[Sam101]

If two persons of trust were appointed, with one of those being a solicitor, when that solicitor left the practice, the firm he was with would have been the next in line. However, the original person of trust would remain a person of trust and the new solicitor would have an obligation to communicate any information that was necessary to joint Trustees.

I would suggest that you write to the 'other' solicitor and ask for an explanation from then before considering if it is necessary to make an 'Official Complaint' against the solicitor in question and do mention that specifically.

The Courts of Protection should be advised if you feel that the explanation is not satisfactory, but as solicitors do not wish to attract letters of complaint, you may get the explanation you need. You should still remain a person of Trust in this matter.