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UKSolicitorJA, Solicitor
Category: Law
Satisfied Customers: 4312
Experience:  English solicitor with over 12 years experience
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I am a Trustee with a UK discretionary 1962 trust, where to

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I am a Trustee with a UK discretionary 1962 trust, where to date, there have been several changes to Trustees. My co-trustees has died, and I have instructed solicitors to appoint a new trustee to take his place, as I am in effect, the Appointer, as the Settlor is dead.

I have been asked to supply proof that all the previous trustees are either dead or retired. I am unable to supply all this paperwork, as i was only appointed in 2002 and am not privy to all the previous events. Surely, there is no law in place that insists on this exhaustive check, and if so, can you tell me the relevant law. When I was appointed, it was a simple matter-here we are now into the third month!!!!!

It seems that this is an unreasonable request of you which you are clearly not in a position to fulfil.

All that should really be required is proof of death of your co-Trustee so that a new one may be appointed in their place. Usually, the trust document includes provisions as to appointment of new Trustees.

You may wish to consider changing your solicitors.

Hope this helps
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