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Joy Nicholas
Joy Nicholas, Lawyer
Category: Property Law
Satisfied Customers: 2508
Experience:  Lawyer
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I am a trustee of a life interest trust. My co-trustee died

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I am a trustee of a life interest trust. My co-trustee died in August and I must now appoint a new trustee. What is the procedure please?

Hi, thank you for your message. I am sorry to hear about your situation. Can I confirm where there any substitute trustees appointed?

Customer: replied 7 days ago.
Hi and thank you.No there were none

Hi, thank you for your message. There is a statutory power of appointment found in section 36 of the Trustee Act 1925. This power is conferred upon a person nominated to carry out the function of appointing a new trustee as set out in the trust instrument ( this may be you or the personal representative of the trustee who died). The appointment of the new trustee will need to be made in writing.

You can read more about this here: https://www.legislation.gov.uk/ukpga/Geo5/15-16/19/section/36

If you are unsure about how to draft this new appointment I would advise that you instruct a solicitor in your area to draft it for you as we cannot represent clients. You can find a solicitor by using the law society find a solicitor link here: https://solicitors.lawsociety.org.uk/ You will be able to search by specialism and also town or postcode to find one near you.

I hope this helps and I wish you all the best in dealing with this matter. Please do not hesitate to contact me should you have further questions regarding this matter. I am happy to answer follow-up questions. Best wishes.

Joy Nicholas and 2 other Property Law Specialists are ready to help you
Customer: replied 7 days ago.
Thank you.

Hi, no problem I am glad I could help. Best wishes