Changing a trustee named in a will

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balooney2000
balooney2000 Posts: 79 Forumite
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in Deaths, funerals & probate
My relative has recently passed away and she left her estate in trust for her sister. It will be distributed to the family after the sister's death.

Myself and the solicitors are named as trustees. My question is can another relative replace the solicitors as a trustee?

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  • Yorkshireman99
    Yorkshireman99 Posts: 5,470 Forumite
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    balooney2000 wrote: »
    My relative has recently passed away and she left her estate in trust for her sister. It will be distributed to the family after the sister's death.

    Myself and the solicitors are named as trustees. My question is can another relative replace the solicitors as a trustee?
    Possibly. Have you asked the soiicitor? I presume you are looking to save money.
  • Keep_pedalling
    Keep_pedalling Posts: 16,628 Forumite
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    Your other thread says that the estate comprises of just cash, and unless we are talking large sums, solicitors fees are going to be far higher than any interest that can be earned on it. On a small trust IHT little change of generating much income the solisitor will more than like likely be willing to step aside.
  • balooney2000
    balooney2000 Posts: 79 Forumite
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    I have another question and am hoping someone may be able to help.

    Am I correct in thinking the solicitor who drew up the will should be independent and not a beneficiary. The solicitor has named his company as a trustee with a clause to say he can claim expenses for performing this role.

    Does this make him a beneficiary and therefore not independent when drawing up the will?
  • Mojisola
    Mojisola Posts: 35,557 Forumite
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    balooney2000 wrote: »
    I have another question and am hoping someone may be able to help.

    Am I correct in thinking the solicitor who drew up the will should be independent and not a beneficiary. The solicitor has named his company as a trustee with a clause to say he can claim expenses for performing this role.

    Does this make him a beneficiary and therefore not independent when drawing up the will?

    No, otherwise solicitors wouldn’t be able to be executors.
  • Keep_pedalling
    Keep_pedalling Posts: 16,628 Forumite
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    balooney2000 wrote: »
    I have another question and am hoping someone may be able to help.

    Am I correct in thinking the solicitor who drew up the will should be independent and not a beneficiary. The solicitor has named his company as a trustee with a clause to say he can claim expenses for performing this role.

    Does this make him a beneficiary and therefore not independent when drawing up the will?

    They did not appoint themselves, the testator did.
  • balooney2000
    balooney2000 Posts: 79 Forumite
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    Keep_pedalling wrote: »
    They did not appoint themselves, the testator did.


    That's questionable - given their mental capacity at the time of the will!
  • Yorkshireman99
    Yorkshireman99 Posts: 5,470 Forumite
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    balooney2000 wrote: »
    That's questionable - given their mental capacity at the time of the will!
    If they lacked mental capacity they could not have made a vile will at all. Do you have evidence of that?
  • balooney2000
    balooney2000 Posts: 79 Forumite
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    Yorkshireman99 wrote: »
    If they lacked mental capacity they could not have made a vile will at all. Do you have evidence of that?

    The POA was put in place 4 months before the will, based on the GP's concern over mental capacity. The will is signed by the solicitor and her carer at the time,and was made with no knowledge of the family. At the time she was totally dependant on her carer for everything including making appointments and did as she was told!
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