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Buachaill
Buachaill, Barrister
Category: Law
Satisfied Customers: 10722
Experience:  Barrister 17 years experience
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Is there a statute of limitations a discretionary

Customer Question

Is there a statute of limitations for settling a discretionary trust will. The trustees are not co-operating. A property is involved presently occupied by myself and wife and has been since the co-owner died about 4 years ago. We intend to carry on living there and there has been no dispute over our occupation.
Submitted: 2 years ago.
Category: Law
Expert:  Buachaill replied 2 years ago.
1. There is no actual time limit for settling a discretionary will trust other than the six year time limit laid down for all wills. However, you can apply to court for directions under the Trustee Act seeking either to have the trust constituted properly and different trustees appointed or for directions in relation to the particular property in which you are living if this is trust property. In this fashion - an application for Directions - you can bring matters to a head and ensure that some action is taken. The action would be taken against the named trustees and the upshot of it all is that the trustees would either have to take the necessary action or have someone else appointed in their place.