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JGM, Solicitor
Category: Scots Law
Satisfied Customers: 12067
Experience:  30 years as a practising solicitor.
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if a trustee named in a will dies is there any complications

Customer Question

if a trustee named in a will dies is there any complications for the sole benificiery
Submitted: 4 years ago.
Category: Scots Law
Expert:  JGM replied 4 years ago.
Thank you for your question.

If the maker of the will is still alive he can appoint new trustees.

If the maker is dead and there are other trustees then they will continue and can appoint new trustees if they see fit to do so.

If there are no surviving trustees then there is a problem and the next of kin willing to take on the office of trustee would have to apply to the court to be appointed in substitution to the deceased trustee.

Happy to discuss further.

I hope this helps. Please leave a positive response so that I am credited for my time.