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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69539
Experience:  Over 5 years in practice
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wI was named as trustee in mt dads will with two other tustees

Customer Question

wI was named as trustee in mt dad's will with two other tustees who are thresatening to have me removed as trustee.what is to happen - I am disabled will I get an opportunity toexplaij my situation .Thank you Anne edwards
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.

Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

What exactly is the problem with you approaching the other trustees and what is the problem with you instructing solicitor to deal with the probate for you?

How long ago did your father die?
Customer: replied 2 years ago.

..Hi Jo thank you. .My question was an attempt to spare you lots of back history .After dad's death November 2008. I was my mum's full time carer and organised paying out a few small legacies.I cannot remember if probate has been completed My brother lives in USA is one trustee and the other trustee is a friend of dad and my brother . the estate includes the familyhouse where I was living when I had the strokejanuary 2012 while in hospital mum died and I was not allowed to move back into the house upon discharge. Any way there has been a lot of anger and resentment between all three of us via email I received email telling me to get my possessions out of the house asap or they'd throw them away and in future contact their they changed the locks - so am unable to remove my stuff on my own . I do not really know why they are taking this action. In brief I do not trust them not yo try to disinherit me hence I refused to resign trustee hence they are forcing me outsorry to ramble so much, it is l a long complex situation

Expert:  Jo C. replied 2 years ago.
Thank you.
The fact that you were living in the house is immaterial unless you were granted the right to live in the house for life. Whether they can remove you as an executor really depends on whether you have discharged your duties and if this has been hanging around since 2008 or 2012 without being resolved, regardless of the fact that you unfortunately had a stroke, it is highly likely that the court would remove you.
If the property was left to the three of you then each of you has as much right to come and go as the others and none of you has the right to exclude anyone else.
As clearly this is not being dealt with and it must be dealt with I would urge you to see a solicitor at the earliest opportunity who can then write to the other executors and show that this is being dealt with now and that any issue of proceedings to remove you would be premature.
One thing is certain, if they do make a court application to remove you could face substantial legal costs if the court finds in their favour.
Can I clarify anything for you?
Jo
Jo C., Barrister
Category: Law
Satisfied Customers: 69539
Experience: Over 5 years in practice
Jo C. and 2 other Law Specialists are ready to help you
Customer: replied 2 years ago.

unexpectedly I am disappointed with your reply, but I do not doubt you are correct. Which court wil be involved High court? Family court? - will the verdict come from a judge or panel Will the court consider that as trustee I have been denied access to the property of the trust and that in fact I am the only one to carry out the requirements in the will? I am name to inherit proceeds from sale of the house. Can the trustees sell the house and defraud me of the proceeds ie lie about how much they sold the house for? what protection do I have against this?to prevent them from doing thisalbeit, that it may be illegal. People break the law hundreds of times every day after all.

Expert:  Jo C. replied 2 years ago.
I can understand that you are disappointed but I do have to answer you correctly even if the answer is bad news for you.

This would normally be dealt with by the High Court if it gets that far. It would be dealt with by a judge, not a panel unless it went to appeal.

The court can be asked to award costs against you in respect of any litigation and that could be ordered to be deducted from your proceeds.

They cannot deduct anything from the proceeds without a court order and in that respect, you are entitled to whatever it says you are entitled to in the will.

In order to avoid them doing all of the above and you then having to take proceedings against them I did suggest that you instruct a solicitor immediately to deal with this because once a solicitors involved they are more likely to relax.

Thank you for the positive rating and remember that I am always available to help with your questions. For future information, please start your question with ‘FOR JO C’. You can also bookmark my profile http://www.justanswer.co.uk/law/expert-remus2004/
Customer: replied 2 years ago.

Jo C No doubt the confusion is a result of my actions, Jo I cannot find your reply to my second / new question to you which I put this afternoon. I can trace your answers to yesterday's set of questions for which I thank you Anne

Expert:  Jo C. replied 2 years ago.
No problem.

All the best.

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