Areas of Law / Wills and Probate

Please can you advise as to how to put in place a new trustee when the prior trustee has died? I do not know much about the form of the trust except that the trust income is to go to one individual until her death and then the lump sum reverts to the individual’s brother and his family.

Unless the Trust Deed says otherwise the power to appoint new Trustees will rest with the surviving Trustee(s). If there are no surviving Trustees then unless the Trust Deed says otherwise the power to appoint new Trustees will rest with the Personal Representatives of the last Trustee to die. It will be necessary for a Deed of Appointment to be completed and signed by the current Trustee(s) (or the Personal Representative of the last surviving Trustee) and the new Trustee.  I would recommend that you make an appointment to see a Solicitor who will be able to check the provisions of the Trust Deed and ensure that the Deed of Appointment is completed correctly.

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