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Buachaill, Barrister
Category: Law
Satisfied Customers: 10955
Experience:  Barrister 17 years experience
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The solicitors that set up the Bare Trust say that they can

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The solicitors that set up the Bare Trust say that they can no longer act for us and my cousin has a new solicitor. Besides sending an urgent message a week ago for contact from the new solicitors there has been none. Do I now have to engage my own solicitor, at my own cost to have my cousin removed?
1. If the solicitors for the bare trust will no longer act, then the trust either has to obtain new solicitors or not have any solicitors. Secondly, be aware that a trust cannot bring an application to remove one of its own trustees. It either has to be the trustees acting together or else, the party bringing the application must hire their own solicitor to have the other trustee removed. I would guess that the solicitors who set up the bare trust have a conflict of interest so that is why they will not act any further. So here, you should get your own solicitor if you wish to have your cousin removed as trustee. If you are successful you will get an indemnity from the trust. However, if you are not, then you will have to bear these costs yourself. But at this point in time, any solicitor taking on the case will want a guarantee that they will be paid.
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