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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 10401
Experience:  I have been practising for 30 years.
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I have an Interest in possession trust of which I am the

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I have an Interest in possession trust of which I am the beneficiary and am planning on moving from sussex to Devon. The trustees of the trust are an accountant and the solicitor of the firm holding the trust. can I choose a different solicitor when I move so it will be nearer to me?

I am sorry to tell you that unless the trustees will retire voluntarily, which seems unlikely if they are being paid for this, then even a court application to change the would fail unless you can prove that they have either done something which they shouldn’t have done or have not done something which they should have done. Even then, courts do not replace trustees lightly.

The way the court looks at this is that the Settlor appointed the trustees and believe that they would act in the beneficiaries best interest and it’s not a matter for the court to intervene with just for convenience.

Sorry, I wish I could give you a more favourable answer but if they will not resign and allow others to be appointed, you are stuck with them.

Can I clarify anything for you?

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Best wishes.


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Customer: replied 1 year ago.
Thank you very much I thought this was the case
kind regards ***** king.