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Alex J.
Alex J., Solicitor
Category: Law
Satisfied Customers: 3695
Experience:  Solicitors 2 years plus PQE
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My accountant was named on my life policy trust and wants to

Resolved Question:

My accountant was named on my life policy trust and wants to be removed, he never signed or agreed to be a trustee. How can he be removed?
Submitted: 2 years ago.
Category: Law
Expert:  Alex J. replied 2 years ago.
,
Thank you question and welcome.
My name is ***** ***** I will assist you.
I know this seems obvious but you said the trustee wants to be removed, I presume he would therefore consent to his removal and sign documents facilitating this?
Kind regards
AJ
Customer: replied 2 years ago.

He has been advised by his insures not to sign anything.

He has sent the attached letter to Zurich today.

Regards

Mark

Attachment: 2015-01-22_151719_letter_to_zurich_assurance.docx

Expert:  Alex J. replied 2 years ago.
,
Thank you.
I will review this and revert to you tonight. I need to open the file on my home PC.
Kind regards
AJ
Expert:  Alex J. replied 2 years ago.
,
Thank you.
Under S.36 of the Trustee Act 1925 you can remove him and replace him http://www.legislation.gov.uk/ukpga/Geo5/15-16/19/section/36
On the basis that he has refused this is the quickest way to replace and remove him but you need to find a replacement and have him confirm in writing that he accept the replacement.
Is he the only trustee?
Kind regards
AJ
Customer: replied 2 years ago.

Dear Alex

There are two trustees myself and Gordon D'Silva (accountant).

I propose making my mother a trustee to replace Gordon.

Zurich will prepare the deed to resign Gordon and appoint my Mother.

It appears Gordon's insurers are being ultra cautious, (advised him not to sign anything). If he refuses to sign what options do I have?

If he does sign to accept my Mother as the new Trustee and to resign himself what is the potential exposure to him if any?

Can he just resign himself?

Regards

Mark

Expert:  Alex J. replied 2 years ago.

Thank you.
Yes he can just resign under s.36 of the Trustee Act 1925. If he refuses to sign a resignation deed then he has already signified that he does not consent to act as trustee to again you can remove and replace him under s36.
The liability to him would be negligible. If he never consented to act then he cannot have actually done anything to have incurred any liability. That said in theory he is liable actions prior to his date of resignation.
Kind regards
AJ
Customer: replied 2 years ago.

Alex

Spoke with Zurich they said if Gordon was a missing trustee they could draw up the deed to be remove but as he is an uncooperative trustee I have to get a solicitor to draw up a deed removal and send it in. Is this something you can do?

Regards

Mark

Expert:  Alex J. replied 2 years ago.

Thank you.
I am afraid not you we cannot act . You need an instructed solicitor because they will have the benefit of indemnity insurance if anything goes wrong.
If you contact the Law Society www.lawsociety.org.uk they will be able to recommend someone local to you. It should cost about £250 plus vat at most.
Kind regards
AJ
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