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MarianC
MarianC,
Category: Property Law
Satisfied Customers: 977
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I am a benefactor in a property trust. The trustees were

Customer Question

Hello. I am a benefactor in a property trust. The trustees were originally solicitors who have since retired. Do i have a right to know who the new trustees will be and can I reject them. The new firm that is dealing with this are not keeping me inforrmed.
Submitted: 13 days ago.
Category: Property Law
Expert:  MarianC replied 13 days ago.

Good morning, thank you for your question. I am sorry to hear of your situation. Yes, you are entitled to know who the trustees are, because, as you say, you may wish to request their removal, but also simply as an upfront measure of keeping the beneficiaries informed.

Kind regards

Marian

Customer: replied 13 days ago.
thankyou marion. They are not informing me and I am not getting any communication. If I want to remove them must I go to court
Expert:  MarianC replied 13 days ago.

No, initially you need to put a complaint to them and advise if the situation continues you will be taking steps to seek their removal. What kind of Trust is it, do you know?

Customer: replied 13 days ago.
Hello, It is a life property trust
Expert:  MarianC replied 12 days ago.

Yes that's fine, sometimes if it is a Discretionary Trust then the beneficiaries are not entitled to a lot of information.

Do you have any further questions?

Customer: replied 12 days ago.
Can you explain why you describe it a discretionary trust as my name is ***** ***** my fathers "will"
Expert:  MarianC replied 12 days ago.

No, it I was not calling it a discretionary trust I was just using that as an example. If you are the only beneficiary with an interest then you can just ignore my question.

Do you have any further questions?

Customer: replied 12 days ago.
Hello, I just want to be clear on my position. I have had a copy of the deed of transfer today, which shows that two people are retiring (didn't even know they were officially trustees) and two new people who are legal assistants and based in redditch. I live in Luton I don't know who these people are and they wont have any interest in my affairs
Expert:  MarianC replied 12 days ago.

I would be surprised if the Trustees are legal assistants, do you have a copy that I can see please, I think perhaps they are the witnesses.

Customer: replied 12 days ago.
hello, please see copy
Customer: replied 12 days ago.
had a another look and they are witnesses
Expert:  MarianC replied 12 days ago.

Oh ok, so you are fine, just remember that theyare professional trustees so you can contact them.

Do you have any further questions?

Marian

Customer: replied 12 days ago.
the reason this is important is that I am having a problem with a tenant and I need the trustees to write a warning letter. However when I contacted them by email I was referred to another solicitor in litigation in Bedford. Not very helpful? I just dont seem to be getting anywhere with this
Customer: replied 12 days ago.
can I recap my position
1. Can I refuse these new trustees
2. should they keep me in the loop with changes etc
3 Should i use them if i have a problem with a tennent instead of another solicitor
Can I appoint my own people
Expert:  MarianC replied 12 days ago.

You can ask them to retire otherwise you will have to go to court to have them removed.

What changes would you expect to occur? If they constantly contact you they need to charge you. They have to consider the ultimate beneficiaries as well.

The trustees should be dealing with tenants.

Appoint your own people for what, as Trustees or solicitors?

Customer: replied 12 days ago.
Hello Marion, The situation is when my father started the trust he had had a long professional relationship with the solicitors. He died then then 15 years later they retired. In the meantime they sold out to HCB solicitors. I hadnt been told of any of these changes. Now I am with a firm who i dont know and they dont know me from Adam. It has taken ages to get a change of trustee and then it would seem that they are changing the people again. I have lost all influence in what is happening. I have a situation developing now with a tenant that will involve a warning letter from the trustees. I could write it in my name but it wouldn't have the same power. When I mention this to a legal sec in the firm that I know she put me in touch with a litigator in their bedford office.
Therefore to recap, what is their legal responsibility to me as a benafactor in working on my behalf.
How do i go about changing them?
Can I use my children who are over 18. Originally they said ok and then changed thier minds as they said they had to remain impartial.
I am amking a formal complaint through the legal ombudsman as they are showing negligence in acting in my interests
Expert:  MarianC replied 12 days ago.

As I said your first step is to write to them and ask them to urgently retire, who are the end beneficiaries once your life interest ends?

Customer: replied 12 days ago.
It will be my fathers grandchildren which are three of mine and one of my sister
Expert:  MarianC replied 11 days ago.

then if they are adults they all need to make the request with you.

Customer: replied 11 days ago.
oh that is new. I am not sure of the address of my niece. Do you know how long it takes for a name to be registered at land registry I appreciate its not a legal question) as the Land Registry is still showing the original names.
Expert:  MarianC replied 11 days ago.

Yes, the choice or removal of trustees affects all of the beneficiaries.

there is a huge backlog of work at the moment at the land registry, applications are taking several months.

Customer: replied 11 days ago.
ok, thankyou for this. So its a not unreasonable to see the original trustees names from a year ago say still on the register?
Expert:  MarianC replied 11 days ago.

Not really - also it is not a huge priority if staff are furloughed etc.

Expert:  MarianC replied 11 days ago.

Do you have any further questions?

Expert:  MarianC replied 10 days ago.

Please contact me if you have any further questions, I will close this thread for now.