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Ross Miller
Ross Miller,
Category: Law
Satisfied Customers: 431
Experience:  Director (Litigation and Mediation) at Hilltop Solutions
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I am executor and trustee of my deceased partner’s estate.

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I am executor and trustee of my deceased partner’s estate.
Also appointed in his Will are ‘substitute trustees’ (his sister & my brother).
Does this allow me complete control over the trust or do I have to seek approval of the substitute trustees to for example, sell the house, remortgage?

Hi there I hope I can help in this matter. As they are described as substitute trustees it is likely that they are named in the document to act where you are unable or unwilling to act, therefore you would have full power over the trust. The best way to determine this is look at the wording. The wording may consist of something along the lines of ​ I hereby appoint Mr. X as my trustee, should Mr. X we unable or willing to act then in this circumstance only I appoint Mrs. Y to be my substitute trustee.

If they were trustee's of equal power the the wording should be something along the lines of I hereby appoint Mr. X and Mrs. Y to be trustees of my estate. It would appear from the name that they are, as it states, substitutes and will only be used if needed which means that you will have the right to make the full and final decisions in these matters. However, when if you are looking at selling off any part of the property/estate you will require to instruct a solicitor it would be advisable to have them read through the document in its entirety just so that you are exactly sure of what the working has stated. I hope this helps.

I would be very appreciative if you could click “accept” on this answer and give me a positive rating. This will let the website know that I have responded to your query. You can feel free to continue to ask more follow up questions if you feel this is necessary.

Thank you, ***** *****

R.

Customer: replied 1 month ago.
Thank you very much for your time. This makes things much more understandable.
I have had an absolute breakdown in relationship with one of the substitute Trustees, am I able to either alone, or with the remaining Trustee remove the trustee with whom the relationship has failed?

Yes it is possible to have a trustee removed from a Will however in order to do so you will have to instruct representation and have the matter heard in front of a judge. Your solicitor will require to give legitimate reasons for the removal of the trustee. You will, of course, be able to give the solicitor all the information he needs in order to put this to the Judge. You can find a local solicitor on the following website; https://solicitors.lawsociety.org.uk/ . I hope this has helped and wish you all the best in having this situation resolved. I appreciate that when it comes to matters like this it can become difficult.

I would be very appreciative if you could click “accept” on this answer and give me a positive rating. This will let the website know that I have responded to your query. You can feel free to continue to ask more follow up questions if you feel this is necessary.

Thank you, ***** *****

R.

Ross Miller and other Law Specialists are ready to help you
Customer: replied 1 month ago.
Thank you for your help

You are more than welcome and I hope you get a resolution in this matter.