I should be grateful for some advice on the administration of a Trust.
There are three Trustees; two lay, and a Partner of my firm. One of the lay Trustees is frustrating the efficient administration of the Trust by refusing to agree, or even truly engage, with any of the decisions that need to be made.
The Trust instrument (a Will) permits the Trustees to act by majority, so individual decisions can be taken by the other two Trustees without the agreement of the other, but this is not an ideal to run the Trust going forward.
It has been proposed that we request the uncommunicative Trustee to retire. If he refuses to do so, it has been mooted that the majority clause could be used to effectively force him to retire. My view is that this would not be possible and that we would instead have to resort to a Court application, but I have not been able to find any definitive answer either way.
Any thoughts of the forum would be much appreciated.
Blandy & Blandy LLP