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Joint Trustee abusing his power

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  • Joint Trustee abusing his power

    my partners father died without a will, out of 4 siblings herself and brother were made administers of he's estate. He was also in business with he's 2 brothers in which they owned 2 shops and an ran a pub.
    the problem my partners brother refuses to sign anything which he doesn't finically gain for himself example

    1) He refusing to sign there Dads house into there names. He has stated all four of the siblings have to pay the council tax even though my partner and her sister do not live there, and has stated that he will not pay more than his quarter and will let the bill run up. this is one of the reasons he wont sign so him and he's brother wont be responsible. Also he wants to live there and not sell whilst not buying the sisters out of the share of the house.

    2) He refused to sign a legal document unless he was given keys to one of the shops to take stock out (alcohol and cigarettes)

    3) the business partnership was to be sold and split 3 ways but he is refusing to sell becasuse he wants to run the shop himself, he has been informed that the 2 uncles and 2 sisters do not want to go in partnership with him and would like to sell. He also doesn't have the funds to pay for stock or insurance to run the shop. He also cannot afford to buy anyone out of the business

    She has spoken to her solicitor but because they are joint clients she was advised only they she would have to close the account and get herself a new solicitor.

    He brings up many issues regarding the businesses and sales but will not speak to a solicitor or lawyer himself, My partner has advised him to speak to one on many occasions with he's issues in which he doesn't, he only tells her he's not signing anything

    He does not work and he has a drug habit in which he can go missing for a few days.

    Everyone in the family just want to move on with there lives but 1 individual refusing to even reason

    Any solution to this problem would be really appreciate
    Tags: None

  • #2


    Assume letters of administration have been granted.
    If one is refusing to cooperate and an agreement cannot be reached, and the Estate administration cannot be progressed as a result, then it may be possible to for one Executor to apply to the Court to have the other removed.

    Easier said than done, but if he is warned that this option will be pursued he may see sense

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