I am making a COP application by the sole continuing trustee to appoint a trustee to act in place of a trustee who has lost mental capacity. This is in relation to jointly owned property (the husband is the continuing trustee whereas the wife has lost mental capacity and the house needs to be sold). The proposed new trustee is another relation. Should the proposed new trustee be named on the COP1 as a respondent? Or should he be named as someone to be notified (as the other family members will be) or not named at all?
His willing involvement in the matter will be in evidenced to the court anyway as he has to sign the Trustees Special Undertaking document as part of the application.
Josie Birnie
Labrums Solicitors LLP