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Ask Jo C. Your Own Question

Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 30620
Experience:  Over 5 years in practice
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Customer Question

My grandfather and grandmother set up a trust together in 2004 in view of reducing the inheritance tax from their estate. According to the trust application, both are settlors. Presumably, this also meant they were trustees. They also added their daughter, my mother, as additional trustee. The beneficiaries are myself and my mother, 50% each.

My grandmother passed away in 2006 presumably leaving my grandfather as sole settlor of the trust and that the remaining trustees are my grandfather and my mother

However, due to drastic changes in family relations, my grandfather no longer communicates with my mother and has recently sent to Zurich the deed of removing her allocation as trustee and replacing her with his son as replacement trustee.

Rather confusingly, the deed was returned to my grandfather as unaccepted due to him no longer being a trustee and therefore no longer able to act as settlor for the trust.

Generally, then, how is it that a settlor, whether the sole settlor or joint, be removed from a trust, particularly so that that settlor has not agreed to being removed in the first place?
Submitted: 3 years ago.
Category: Law
Expert:  Stuart J replied 3 years ago.
I am not at my pc at the moment but will get back to you asap.
Customer: replied 3 years ago.

I did wonder what happened, although I am surprised that if you are unable to see to this now that no-one else can do it, especially that this is marked as urgent and i'll be paying for it?

Customer: replied 3 years ago.
Relist: Incomplete answer.
Expert:  Jo C. replied 3 years ago.
I think my colleague is probably travelling home at the moment.

I wil chase him up for you.
Expert:  Stuart J replied 3 years ago.

You mentioned on the other thread that Zurich were looking into this and I was to close the thread. It seems some said yr GF was no longer capable of beinga trustee.Do you still need help?


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