We have been instructed by a client who we believe is the sole surviving trustee of her late father’s Will trust. The other trustee appointed by the Will passed away and a trustee added by deed after the father passed away a year or so ago.
A solicitor has come forward claiming that he was also appointed as a trustee. However, neither we, the client nor the solicitor can find any written deed of appointment to confirm this.
Our client seems to recall that a few years ago she asked the solicitor whether he would be prepared to come on board as a trustee but she is adamant that this was never formalised nor does she want him on board.
My question is therefore whether in absence of a written deed of appointment someone is able to claim that they have been appointed as a trustee and, if a verbal appointment has any standing in law.
Hutchinson Legal & Associates Limited