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Senior Partner
Senior Partner, Solicitor
Category: Law
Satisfied Customers: 13329
Experience:  Solicitor with more than 30 years experience
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I have a Life Policy written in Trust. The whereabouts of two

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I have a Life Policy written in Trust. The whereabouts of two of the three trustees (excluding myself) are unknown (they may even have died), and no contact details are available. How do I remove them as Trustees?
Do you have the trust deed - does it contain power for you as settlor to appoint new trustees?
Customer: replied 4 years ago.
I do have the document and, indeed, the power to appoint new trustees is vested in the settlor (myself) . But there is no - apparent - provision for removing original trustees
If there is no power vested in the beneficiary or the settlor to remove trustees then you have a serious problem I am afraid. In the absence of an express power you need the court to remove trustees.

There is however a power under theTrusts of Land and Appointment of Trustees Act 1996 for the beneficiaries - if they are adults and absolutely entitled to the trust - to require the trustees to retire and appoint replacements but it is unlikely that the beneficiaries are absolutely entitled. Your heirs may be able to do this but clearly this is not something you want to leave.

Your only option - if it is an option may be to cancel the policy and start a new one.

the only other option which is pretty unattractive is to go to court.
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