Removal of Trustees


(kathryn) #1

I have two related queries.

Asset protection company set up a trust and the two directors were appointed as Trustees. After some issues with them we made an application to the Court for an Order removing them. They didn’t acknowledge service of the claim and didn’t turn up at the hearing. Order issued without any problems.

Now I need to serve the Order on them personally. (I was able to get away with service of the claim at their business address but the barrister recommends personal service to aid with enforcement later) Any recommendations for a process server? Business address is in Ipswich but I don’t have home address.

Assets in the trust are a property and a bank account. Given their previous behaviour, I will not be surprised if they simply ignore us when we ask them to sign any documentation to transfer the assets to the new Trustees. Any suggestions how we apply to the land register to transfer the property without the registered proprietors signing a TR1?

Kathryn Sykes
Pickup & Scott


(Julian Cohen) #2

You should have incorporated provision for the vesting of the assets in your application to remove the Trustees. Now (assuming they ignore you) you’ll need another order of the Chancery Division authorising some other person (presumably the new Trustees) to sign the TR1 and any other necessary bank documentation on their behalf.

Julian Cohen

Solicitor


(Julian Cohen) #3

I have been circulated by HMRC as follows:

"As an Agent you may have dealt with clients who have been seconded to work in the UK. We are writing to you to let you know about some procedural changes that have taken place within HMRC.

The principle changes are where the individual has a full National Insurance number, in these cases where you wish to submit a 64-8 or SA1 these should be submitted using the online forms.

Any forms that have already been submitted to the Expat team for Secondees will be dealt with, however any future receipts of the form 64-8 or SA1 that has a full National insurance number (irrespective of being received via Shared Workspace or normal post) will be returned with a request for you to submit the via the online iforms.

I trust that you can appreciate the need to deal with all these forms in a consistent manner and these changes should result in a smoother processing of your clients records.

The web addresses below should be passed to anyone involved in this work."

https://www.gov.uk/government/publications/tax-agents-and-advisers-authorising-your-agent-64-8

https://www.gov.uk/government/publications/self-assessment-register-for-self-assessment-and-get-a-tax-return-sa1

I note that as with previous HMRC communications, there is no provision for an executor to authorise an agent in a complex estate. So once again we will have to go through the tedious provisions of dealing with a registration where there are only narrow windows available for answers to be give, but no availability for the correct category to be inserted.

Who instructs the Web Designers, for heavens’ sake?

Julian Cohen

Solicitor