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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 14312
Experience:  I have been practising for 30 years.
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Issue replacing deceased trustees on property deeds at land

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Issue replacing deceased trustees on property deeds at land registry.
JA: What steps have been taken so far? Has any paperwork been prepared or filed?
Customer: Land registry are saying it must be done by nearest relative of last surviving trustee. That trustee died intestate and his estate was passed by the high court to the Co-operative Trust in Manchester back in 2010.
JA: Has he talked to a lawyer about this?
Customer: Have been trying to find someone in Co-operative Legal Services who may be able to assist. But issue seems beyond them.
JA: Anything else you want the Lawyer to know before I connect you?
Customer: Can't think of anything further. There are 3 replacement trustees awaiting to replace those deceased.

Good afternoon. I will assist with your question - be aware this is an email not chat service therefore i maybe delayed in replying.

who are you?

are you a beneficiary?

Customer: replied 13 days ago.
I am a member of the Parkside Community Association and charged with trying to resolve the issue of their replacement of deceased trustees on their property deeds.
Customer: replied 13 days ago.
I'm not sanctioned to accept your charges at this time by the Association.
Customer: replied 13 days ago.
Do I assume I now need that authority? If so what additional costs may be incurred taking your advice, so I am able to get authority therefore from the Association?

The offer of a telephone call comes out automatically. It’s optional. You can just ignore it or request it later.

 

We can continue on here.

This is the problem in having trustees on a piece of property, who are individuals. Individuals are not immortal. This

 

That’s why many trustees are trust companies because it’s much easier to transfer the trust company shares and directorship in the event that one of the executor trustee shareholder directors dies.

If Co-operative Trust Manchester dealt with the estate, then it’s up to them to resolve this issue. If they don’t now how to deal with it, then they need to find out how to deal with it!

However what you are saying is that the land registry have said that “it must be done by the nearest relative of the last surviving trustee”

 

Whilst I hear what you say, if it is the surviving trustee, that means the one that left behind and is still alive, not the trustee that has died.

 

It does seem remarkably odd that they are asking for the nearest relative of the last surviving trustee because I would have thought that it was the nearest relative of the deceased trustee.

If you have been trying to deal with all this on the telephone, I can tell you that you will be wasting your time.

 

The personal representatives of the trustee that died is either his closest relative or the Co-operative trust.

Customer: replied 12 days ago.
Hi Mr Smith
Thank you for your reply. I will convey to the management committee for their thoughts and way forward.
Regards Mervyn Hodgson

No problem. In your own time.

 

I am glad to help. Please don’t forget to use the rating service because it means that I can continue to provide affordable and timely legal advice to people with similar problems.

Although it says "rate to finish" it doesn't close the thread and we can still exchange emails.

You may need to login again to use the rating service.

Thank you.

Best wishes

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