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Buachaill
Buachaill, Barrister
Category: Law
Satisfied Customers: 10622
Experience:  Barrister 17 years experience
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If after 34 years a trustee is still stalling to execute a

Customer Question

if after 34 years a trustee is still stalling to execute a will what can be done
Submitted: 2 years ago.
Category: Law
Expert:  Buachaill replied 2 years ago.
1. Quite simply, you make a court application to replace the trustee. There is no point in waiting another 34 years to do something about it. If you want the trustee removed and the will dealt with, then you need to get someone else to act. However, if you want things not to change, then do nothing. But if you really want the will dealt with, make an application to replace the trustee and then appoint someone who will deal with the will. Otherwise, we will all be dead if you wait another 34 years.
Customer: replied 2 years ago.
lol very funny lūüėÄ is it easy and is it something someone with limited funds can do DIY or not no idea what the steps are and how long does it take
Expert:  Buachaill replied 2 years ago.
2. The first step is to write to the trustee and ask if he will agree to being removed. If you get a negative reply, then you need to consider your options. At this point, I need to know if this person has been named as executor of the will, or if the will appointed someone else as executor? In other words, who was executor of the will and who were the trustees appointed under the will to administer any trust set up by the will? Of was there any trust created by the will?
Customer: replied 2 years ago.
He is my late father's brother he will not resign he will do nothing at all. He was named as a trustee in the will (he's the only surviving trustee, the rest are dead) I also have a brother who is the other benificiary however we dont speak as he ran off with £200,000 of my money! Can i apply to have him (my uncle) removed and have my auntie (she is a nun and trustworthy!) made trustee? Todate probate was granted but taxes need to be paid and property disbured.
Expert:  Buachaill replied 2 years ago.
3. Yes you can apply to the court under the court under the Trustee Act to have your uncle removed and your auntie appointed in his place. Here you uncle can be removed for cause given the simple fact he has not dealt with the trust. It will be granted for the asking. However, given that trustee applications are complex, I would recommend that you use a solicitor to help you. Otherwise you risk falling foul of some procedural or legal difficulty. Be aware that you need to RATE the Answer in order that your Expert gets a share of the monies you have deposited with this website.
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Customer: replied 2 years ago.
How long and how much do you think it will take? Ballpark is all I'm looking for
Expert:  Buachaill replied 2 years ago.
4. It will take about three months and cost about £5,000. However, you will get a costs order against the trust if you are successful so you won't have to pay most of your own legal costs.
Customer: replied 2 years ago.
Thanks
Expert:  Buachaill replied 2 years ago.
5. You are welcome!