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Buachaill, Barrister
Category: Republic of Ireland Law
Satisfied Customers: 12157
Experience:  Barrister 17 years experience
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What action can I take in Ireland if a fellow trustee will

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What action can I take in Ireland if a fellow trustee will not sign transfer of money for the benefit of the person trust was set up for
JA: What documents or supporting evidence do you have?
Customer: My Mother’s will made us trustees of my brother. He gets disability allowance because of Aspergers and so if he received a large lump sum it would effect his allowance. I want to transfer money to him to install a kitchen in his house
JA: Because laws vary from place to place, can you tell me where this is?
Customer: Republic of ireland
JA: Anything else you want the Lawyer to know before I connect you?
Customer: No thanks

Hello, and thank you for your question. I am your Expert and I will provide the answer you require.

1. The solution here is to remove the trustee. Under the Trustee Act a trustee can be removed for defaulting on their obligations. So, your fellow trustee can be removed for failing to sign off on a transfer of money to a beneficiary of the trust. Initially, you should get a solicitor to write a letter calling upon them to resign on the basis they are neglecting to fulfil their duty. Then, if they won't resign, you should initiate legal proceedings to make them resign. The proceedings would be in the Circuit Court and will be granted for the asking with the defaulting trustee required to pay legal costs.

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