Q&As

A trust was constituted with A, B and C as trustees, substituted later with E and F and later with the addition of G but no documentation exists for the retirement of A, B and C or the appointment of E and F. What procedures are available to constitute the full trust documentation?

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Produced in partnership with Helen Galley of XXIV Old Buildings
Published on LexisPSL on 02/05/2017

The following Private Client Q&A produced in partnership with Helen Galley of XXIV Old Buildings provides comprehensive and up to date legal information covering:

  • A trust was constituted with A, B and C as trustees, substituted later with E and F and later with the addition of G but no documentation exists for the retirement of A, B and C or the appointment of E and F. What procedures are available to constitute the full trust documentation?

A trust was constituted with A, B and C as trustees, substituted later with E and F and later with the addition of G but no documentation exists for the retirement of A, B and C or the appointment of E and F. What procedures are available to constitute the full trust documentation?

The answer to this Q&A may turn on whether documentation evidencing the retirement of A, B and C and the appointment of E and F has been lost or never existed. It will also turn on who is entitled to appoint new trustees and whether that person is still capable of doing so. Another factor may well be whether there is documentation evidencing the appointment of G and if so whether that documentation recites the retirement of A, B and C and the appointment of E and F. It may also be significant to know whether all the beneficiaries of the trust are adult and capable of ratifying the actions taken by E and F.

If there was original documentation but it has been lost but the person having power to appoint new trustees pursuant to the trust deed is alive and capable of doing so then he could execute a confirmatory deed reciting the retirement of A, B and C and the appointment by him of E and F in their place.

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