Trustee to ill to sign

Trusts Discussion
1

What are the remedies if a trustee is too ill to sign, please?

Anthony Smith
Risdon Hosegood

2

If there are other trustees, the ill trustee can be replaced under s.36(1) Trustee Act 1925, the grounds being that the ill trustee “is unfit to act therein, or is incapable of acting therein”.

If there are no other trustees then a Court application would be necessary.

Andrew Goodman
Osborne Clarke LLP