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