Is this trustee appointment legal?

getmore4less

Just being named as a trustee in a will cannot be sufficient to make you a trustee.

Just as being named an executor does not make you the trustee of the estate unless you take on the role.

Yorkshireman99

getmore4less wrote: »

Just being named as a trustee in a will cannot be sufficient to make you a trustee.

Just as being named an executor does not make you the trustee of the estate unless you take on the role.

It is not quite that simple. If someone is named as executor they automatically become a trustee of the estate and any trusts that the will creates. AFAIK there is no formal procedure beyond that. Unless an executor specifically refuses or renounces the executorship then they would remain a trustee for an unlimited time unless they chose to reassign. Having said this why on earth have the other trustees waited 19 years to take action and has the man not been details of the trustees meetings and actions periodicly? As I said earlier the trustees have a lot of questions to answer.

AnotherJoe

Yorkshireman99 wrote: »

I think they are trying to scare him.AFAIK he would not be liable particularly since the trustees can shown to Ha behaved improperly fo years. Any judge wil not support any application for cost against him. He really should write a firm but polite letter asking for a full explanation including the accounts for the last 19 years first.

I agree, Harrass back by that method sounds like an excellent response

Yorkshireman99

AnotherJoe wrote: »

I agree, Harrass back by that method sounds like an excellent response

I don’t see that as harassment back but playing a very straight bat. Doing it by the book usually works against idiots.

SeniorSam

Also, please be aware that Trustees are responsible for the Trust and it's administration and should you simply retire by signing the declaration, what has gone on in the past may cause you future problems. You really need to see the Will to establish who twas appointed as Trustees and ensure that the other Trustees are prepared to confirm in writing, that they are fully responsible for the Trust, confirming that you were not involved and were not informed of your Trusteeship at any time.

No costs could possibly be awarded against you, so do not worry about that, but I would be concerned about a Trust that may, or may not have been administered correctly and that all financial matters were conducted correctly. For all anyone knows, the other Trustees may have mismanaged any Trust Fund and acted unethically regarding this .

Ask for a copy of the Will to be sent to you and details of the accounts. It is the other Trustees legal responsibility to supply that to you and make full disclosure to you.

aurora30

Thank you all.

We have composed a firm request for copies of everything pertaining to the trust including written confirmation that the other trustees take responsibility for the trust and its administration to date.

Once we can verify that everything is in order my Husband can then retire from this shambles safe in the knowledge he will not be deemed liable in the future.

Yorkshireman99

aurora30 wrote: »

Thank you all.

We have composed a firm request for copies of everything pertaining to the trust including written confirmation that the other trustees take responsibility for the trust and its administration to date.

Once we can verify that everything is in order my Husband can then retire from this shambles safe in the knowledge he will not be deemed liable in the future.

Well done. Please let us know the outcome as the knowledge is always useful.

aurora30

I certainly will and thank you for the help and advice so far.

getmore4less

Yorkshireman99 wrote: »

It is not quite that simple. If someone is named as executor they automatically become a trustee of the estate and any trusts that the will creates. AFAIK there is no formal procedure beyond that. Unless an executor specifically refuses or renounces the executorship then they would remain a trustee for an unlimited time unless they chose to reassign. Having said this why on earth have the other trustees waited 19 years to take action and has the man not been details of the trustees meetings and actions periodicly? As I said earlier the trustees have a lot of questions to answer.

It is much simpler than that.

You have to actively take on the role of executor, until you do something you are just a name on a piece of paper.

There is no requirement to renounce if you don't act until you are compelled to by the court.

No idea on the position of additional named trustees as just about everything out there including the trustees act don't deal with the first step of becoming a trustee because someone put you name on a piece of paper.

Marcon

aurora30 wrote: »

Thank you all.

We have composed a firm request for copies of everything pertaining to the trust including written confirmation that the other trustees take responsibility for the trust and its administration to date.

Once we can verify that everything is in order my Husband can then retire from this shambles safe in the knowledge he will not be deemed liable in the future.

Rather than doing that (there's been quite a lot of poor 'advice'/misinformation on this thread), why not just point out that he has never accepted an appointment as trustee and was unaware that any such trust existed, assuming both those statements are true? You can't become an 'inadvertent trustee' just because someone names you in a will or a trust document!