Trustee Bulletin - June 2010

From the Contentious Trust and Probate Team at Thomas Eggar LLP.

Travelling or Troublesome Trustees?

Removal of a Trustee due to absence abroad, incapacity or inability to act.

There are a number of reasons why a trustee may be considered unfit, incapable or simply unable to continue in their role as trustee. The mental incapacity, unwillingness to act or prolonged absence abroad of a Trustee are all concerns that the beneficiaries under a trust or co-trustees may face. Such issues cause potential problems in the proper administration of the Trust. The question that arises is how such trustees can be removed and what steps must be taken to ensure that the trust is protected after their removal?

Read the full article here.

Gill v RSPCA – what went wrong?

The recent case of Gill v RSPCA has led to worries for Charity Trustees about what is the correct approach for them to take when faced with the challenge of litigation, bearing in mind the costs and the adverse publicity if it goes wrong.

Read the full article here.

Hastings–Bass – rules are there to be broken.

Looking at recent cases where trustees have sought to use the rule in Hastings-Bass and HMRC has sought to oppose the applications on the basis that the long line of cases applying the rule had been wrongly decided.

Read the full article here.

Are you having problems with;

• Disagreements between Trustees or between Trustees and beneficiaries?

• Interpretation of Trust documents?

• Requests for information from beneficiaries or third parties?

• Claims by beneficiaries or third parties?

The Thomas Eggar contentious trust and probate team are pleased to provide Trustees with initial free advice to enable them to consider the options available when a problem first occurs. Please contact our designated Trustee advice line on 0845 5194 292.