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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 8720
Experience:  I have been practising for 30 years.
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Is the final decision of any matter is up to the trustees or

Resolved Question:

Is the final decision of any matter is up to the trustees or the beneficiary?
Submitted: 6 months ago.
Category: Law
Customer: replied 6 months ago.
Who makes the final decision over any matter ,the trustees or the benificiary ?
Expert:  Aston Lawyer replied 6 months ago.

Hi, thanks for your enquiry. Could you be a little more specific as to the issue you are referring to, please? I look forward to hearing from you. Al

Customer: replied 6 months ago.
My late father set up a trust for us his children
We were the beneficiaries with equal shares and he was the settler
Now that he has passed away
My brother is disputing that according to sharia low as long as he had the right to use the money or the assets to sell or give away during his life then the boys takes double the girls
But I wanted to ask you since it was a trust weren't the trustees who had the upper hand in making such decisions?
My father couldn't have used any of the assets without thier approval ,right ?
Expert:  Aston Lawyer replied 6 months ago.

Hi, thanks for your reply. I am not familiar with whether sharia law is recognised in Trust law, so I will opt out and let a colleague answer you. Kind Regards Al

Customer: replied 6 months ago.
You don't have to go into sharia low
My question is in a trust that my father set and we the children are the beneficies
If in his life time he wanted say ,sell one of the properties could he have done saw without the permission of the trustees
That's all I want to know
Expert:  F E Smith replied 6 months ago.

I see that the previous expert has opted out. Generally, the trustees have absolute discretion but they must act in the best interest of the beneficiaries. If they have done something which they should not have done or not done something which they should have done, and they will not resign voluntarily, then only a court application will remove and replace them. To do not replace trustees lightly and it is not a simple process to make the application.

Sharia Law is of no legal effect in the UK and hence for the purposes of the legalities, must be ignored.

Can I clarify anything for you?

Please don’t forget to rate the service positive. It is an important part of the process by which experts get paid.

Best wishes.

FES.

Customer: replied 6 months ago.
in short they make th decision not my father even though he set the trust and was only the settler
We were and sill are the benificiaries
Can you confirm that the trustees make the Dickson regarding the assets and not my father while he was alife ?
Customer: replied 6 months ago.
I need a specific answer pls
Could my father have acted without the permit ion of the trustees ? He was not a beneficiary we the children were and still are
Expert:  F E Smith replied 6 months ago.

Once your father has settled money on trust, your father no longer has control of it. It is then up to the trustees. They may listen to what he says in making their decisions but they are under no obligation to do anything except comply with the terms of the trust. So what you are saying is correct, it is the trustees that make the decision not your father.

Customer: replied 6 months ago.
Thank you very much
Expert:  F E Smith replied 6 months ago.

I am pleased to have helped. Please don’t forget to use the rating service so that I get paid. It doesn’t cost you anything but helps me greatly. Thank you. Best wishes

Customer: replied 6 months ago.
How can I rate you? Please advise
Expert:  F E Smith replied 6 months ago.

You should see a button or link which allows you to rate. If you can’t, please confirm that you are happy with the answer and the service and admin will do it for me. Thank you

Customer: replied 6 months ago.
The service was just excellent
Prompt,clear and very professional
Expert:  F E Smith replied 6 months ago.

Thank you.

F E Smith, Advocate
Category: Law
Satisfied Customers: 8720
Experience: I have been practising for 30 years.
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