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  • FIRST POST
    • balooney2000
    • By balooney2000 30th Apr 18, 11:12 AM
    • 58Posts
    • 3Thanks
    balooney2000
    Changing a trustee named in a will
    • #1
    • 30th Apr 18, 11:12 AM
    Changing a trustee named in a will 30th Apr 18 at 11:12 AM
    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?
Page 1
    • Yorkshireman99
    • By Yorkshireman99 30th Apr 18, 12:27 PM
    • 4,152 Posts
    • 3,394 Thanks
    Yorkshireman99
    • #2
    • 30th Apr 18, 12:27 PM
    • #2
    • 30th Apr 18, 12:27 PM
    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?
    Originally posted by balooney2000
    Possibly. Have you asked the soiicitor? I presume you are looking to save money.
    • Keep pedalling
    • By Keep pedalling 30th Apr 18, 1:48 PM
    • 5,004 Posts
    • 5,567 Thanks
    Keep pedalling
    • #3
    • 30th Apr 18, 1:48 PM
    • #3
    • 30th Apr 18, 1:48 PM
    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
    • By balooney2000 6th May 18, 11:39 AM
    • 58 Posts
    • 3 Thanks
    balooney2000
    • #4
    • 6th May 18, 11:39 AM
    • #4
    • 6th May 18, 11:39 AM
    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
    • By Mojisola 6th May 18, 1:24 PM
    • 29,261 Posts
    • 74,723 Thanks
    Mojisola
    • #5
    • 6th May 18, 1:24 PM
    • #5
    • 6th May 18, 1:24 PM
    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?
    Originally posted by balooney2000
    No, otherwise solicitors wouldn’t be able to be executors.
    • Keep pedalling
    • By Keep pedalling 6th May 18, 3:41 PM
    • 5,004 Posts
    • 5,567 Thanks
    Keep pedalling
    • #6
    • 6th May 18, 3:41 PM
    • #6
    • 6th May 18, 3:41 PM
    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?
    Originally posted by balooney2000
    They did not appoint themselves, the testator did.
    • balooney2000
    • By balooney2000 7th May 18, 8:31 PM
    • 58 Posts
    • 3 Thanks
    balooney2000
    • #7
    • 7th May 18, 8:31 PM
    • #7
    • 7th May 18, 8:31 PM
    They did not appoint themselves, the testator did.
    Originally posted by Keep pedalling

    That's questionable - given their mental capacity at the time of the will!
    • Yorkshireman99
    • By Yorkshireman99 7th May 18, 9:09 PM
    • 4,152 Posts
    • 3,394 Thanks
    Yorkshireman99
    • #8
    • 7th May 18, 9:09 PM
    • #8
    • 7th May 18, 9:09 PM
    That's questionable - given their mental capacity at the time of the will!
    Originally posted by balooney2000
    If they lacked mental capacity they could not have made a vile will at all. Do you have evidence of that?
    • balooney2000
    • By balooney2000 8th May 18, 7:43 PM
    • 58 Posts
    • 3 Thanks
    balooney2000
    • #9
    • 8th May 18, 7:43 PM
    • #9
    • 8th May 18, 7:43 PM
    If they lacked mental capacity they could not have made a vile will at all. Do you have evidence of that?
    Originally posted by Yorkshireman99
    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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