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Jo C.
Jo C., Barrister
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I am the second trustee of a small trust. My co-trustee is

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I am the second trustee of a small trust. My co-trustee is seriously demented. He is also the income beneficiary of the trust. How do I obtain his resignation?
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
In what way is he demented?
Customer: replied 2 years ago.

My co-trustee (Christopher) is suffering from advanced Alzheimers. He has been in care for past 15 months. He no longer reads and can not now speak. He probably understands little that is said. He is unable to write.

End

Expert:  Jo C. replied 2 years ago.
Thanks.
If he has not been sectioned under the Mental Health Act then you have to apply to court to have him removed. That can be extremely time-consuming and costly if it is defended.
The process is not something to be undertaken easily and really needs a specialist solicitor as you will read if you look at this link page.
http://clients.squareeye.net/uploads/3sb/events/011210_weale.pdf
Many trust documents provide for the automatic resignation of a trustee who is no longer capable and in that respect, he would have to be sectioned under the Mental Health Act.
You cannot remove an incompetent person as a beneficiary because they are still entitled to the income unless it is a discretionary trust and there is some provision in the trust for the income element to be varied.
Can I clarify anything for you?
Jo C., Barrister
Category: Law
Satisfied Customers: 69989
Experience: Over 5 years in practice
Jo C. and other Law Specialists are ready to help you
Customer: replied 2 years ago.

Jo Thank you.

Christopher has been Sectioned. Nobody will oppose his resignation.

He will continue to receive the trust income.

In the circumstances, I had hoped that I could file with the Charity Commissioners a Form of Resignation -which normally requires the retiring trustee's signature - with the Section Notice and letter of explanation attached.

Would this succeed ?

Expert:  Jo C. replied 2 years ago.
I am sorry, but I am not familiar with Charity Commission trusts and therefore will opt out for another expert.
Expert:  Nicola-mod replied 2 years ago.
Hello,
It seems the professional has left this conversation. This happens occasionally, and it's usually because the professional thinks that someone else might be a better match for your question. I've been working hard to find a new professional to assist you with your question, but sometimes finding the right professional can take a little longer than expected.
I wonder whether you're OK with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.
Thank you!
Nicola

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