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Alex J.
Alex J., Solicitor
Category: Law
Satisfied Customers: 3665
Experience:  Solicitors 2 years plus PQE
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I made my will 15 years ago containing a discretionary trust

Customer Question

I made my will 15 years ago containing a discretionary trust in favour of my son with my daughter & a solicitor named as trustees. Will she be able, after my death to nominate another solicitor as trustee? Also will she be able to nominate another member of the family as a trustee?
Submitted: 3 years ago.
Category: Law
Expert:  Alex J. replied 3 years ago.
Hi,

Thank you for your question and welcome.

My name is XXXXX XXXXX I will assist you.

Unless there is a specific power to remove or replace the trustee under the trust deed, the beneficiaries will have the following options open t them:
1. S.36 of the Trustee Act 1925 contains the power of removal and replacement of trustees. If allowed by the trust deed then the persons responsible for appointing replacement trustees may propose replacement trustees;
2. Under S41 of the same act, a replacement trustee can be made through an application to court.

I would suggest the best way to deal with this is to amend the trust deed to give the beneficiaries power to replace the trustee only after your death. You may want to restrict this and say they can only replace the trustee with another solicitor or family member.

Kind regards

AJ
Customer: replied 3 years ago.

The beneficiary is my disabled son & I would not expect him to change trustees. My daughter is named trustee& I wish to know if she can change or add other trustees


Regards, Margaret

Customer: replied 3 years ago.
Relist: Inaccurate answer.
I am making a query about a discretionary trust in my will for the benefit of my disabled son.
My daughter & a solicitor are named as trustees.
I wish to know if my daughter(the trustee) will be able to change or add to the trustees after my death. Margaret