Execetors and Trustees - duties

adrian92

Would welcome any comments on this situation:

Trustees (A & of a will control inheritance of C (to be used "for his benefit", inter alia, per the will)

A & B have not agreed to tell C how this will happen

A& B have not responded to multiple requests from C's solicitor.

A&B have changed solicitor and not informed C's solicitor.

C's solicitor now writes directly to A&B.

C's solicitor gets no response

(This has occurred over a one to two year period)

Any ideas?

Peregrinus

Not really enough information to say anything very intelligent. If C is of full age and is absolutely entitled to the trust property, he can put an end to the trust and take the property into his own name. If C's solicitor hasn't already advised him to do this, the inference is that C isn't absolutely entitled to the trust property, and there are others who have interests or contingent interests in it. (Or that C is not an adult/not legally competent, but I'm sure you'd have mentioned if this were the case.) Without seeing the terms of the trust and the terms of the "multiple requests" that C has made, it's impossible to know if the trustees are behaving improperly. Also it's not clear what exactly C wants, which makes it hard to talk about how he might go about getting it.

adrian92

Peregrinus wrote: »

Not really enough information to say anything very intelligent. If C is of full age and is absolutely entitled to the trust property, he can put an end to the trust and take the property into his own name. If C's solicitor hasn't already advised him to do this, the inference is that C isn't absolutely entitled to the trust property, and there are others who have interests or contingent interests in it. (Or that C is not an adult/not legally competent, but I'm sure you'd have mentioned if this were the case.) Without seeing the terms of the trust and the terms of the "multiple requests" that C has made, it's impossible to know if the trustees are behaving improperly. Also it's not clear what exactly C wants, which makes it hard to talk about how he might go about getting it.

Many thanks for your reply. C is legally competant and would like to receive the inheritance.
Any idea how C can go about putting an end to the trust?
Thanks

Peregrinus

adrian92 wrote: »

Many thanks for your reply. C is legally competant and would like to receive the inheritance.
Any idea how C can go about putting an end to the trust?
Thanks

No, because I haven’t seen the terms of the trust. I don’t even know if C is entitled to put an end to the trust. To have that right, he has to be absolutely entitled to the trust property as against the trustees. This may not be the case.

C has a solicitor. What has C’s solicitor said about this?

adrian92

Peregrinus wrote: »

No, because I haven’t seen the terms of the trust. I don’t even know if C is entitled to put an end to the trust. To have that right, he has to be absolutely entitled to the trust property as against the trustees. This may not be the case.

C has a solicitor. C’s solicitor said about this?[/quote
Thanks again. C's solicitor suggested engaging a Barrister with a view to issue Court proceedings. Perhaps this is the best way.
My concern for C is would the cost of such action be paid for from his inheritance.
Anyway, thanks for your responses