When someone you love, be it a family member or friend, passes away, one of the ways they may decide to leave you some inheritance will be a through a trust. This is often a smart way to ensure that the money and/or assets that they leave you are kept safe and guarded until you are ready to receive them. However, despite this often being an advisable course of action, sometimes the people put in charge of your trust, known as the trustees, can be known to not do their job properly for a number of reasons.
When this happens, a good course of action is to look into having this trustee removed so that you can rest assured that the wishes of the loved one who left the trust are being carried out properly and you, or the beneficiary that you are concerned about, such as a child who cannot represent themselves at this moment in time, receive the money and assets that rightfully belong to you.
Why would you seek to remove a trustee?
Removing a trustee is something that no one wants to do but is sometimes necessary due to a multitude of reasons.
One such reason, for example, is if the trustee becomes no longer fit to carry out the responsibilities associated with being in charge of a trust. This could be due to illness or, indeed, their own death, but most likely, activities that will inhibit their ability to be responsible for handling the estate, such as heavy drinking or drug abuse.
Another reason is that the trustee has experienced undue influence from a third party that is causing them to not handle the will properly. An example of this could be if the trustee enters into a new romantic relationship and this partner tries to encourage them to undermine the legality of the will and take funds and assets for themselves.
Another reason to remove a trustee could be in the case where the deceased has left multiple trustees in charge of the trust, and they are unable to cooperate with each other.
How do you do it?
The removal of a trustee is not the easiest thing to do as you will need to present hard evidence, such as documents and testimony, of wrongdoing and have followed all of the proper procedures in doing so in order to be considered.
The best way for you to achieve this, especially if you are not from a legal background, is to employ an estate litigation attorney to help you through the process and ensure that all the regulations and procedures are followed to the letter, ensuring nothing is done that could jeopardise your case. Trust dispute solicitors can give expert advice on this matter and help you with your case.
Why should you do this?
If, after reading through what is involved with removing a trustee, it all seems like a lot of work, you could find yourself put off from taking further action. However, the person who left you this trust wanted you to benefit from it, and it is important their wishes are not disrupted by a third party who has proven that they don’t take this responsibility seriously. Trust dispute lawyers can be on hand to help you find a resolution, seeking the best possible outcome in the shortest amount of time possible.