I know that this is not strictly about the drafting of a trust but after having spent 4 hours over three days on fruitless telephone calls, as well as copious time trudging through practice directions, I am getting desparate. Even worse is having all my paperwork returned advising me that I have to use separate COP 1s for separate matters but with no indication how many.
It is a simple question; in the interim order can I request the appointment of a replacement trustee under S41 and 54 of the Trustee Act 1925, authority to sell and release of funds from a bank account to pay nursing home fees in the same draft interim order (hence one fee and one COP1 ) ?
I do not want it all sent back to me again requesting a separate COP 1 and fee for the release of funds, as the matter is urgent. Any guidance from members would be much appreciated. Nobody I know has had two matters like this to be addressed in the interim order.
I think they consider them separate applications - I had to pay two fees for what I also considered to be one application - I used only one COP1 but they asked for two separate cheques for £371.00. I was applying for a Deputyship order and an urgent interim order for authority to sell the house (again to raise funds for nursing home fees). They must have a black hole to fill!
Thay took a further cheque for £371 for one of my matters as I needed to appoint a 2nd Trustee for the sale. On another matter, I requested the interim order for the urgent sale of the property (not need for a Trustee) and they sent me the 2nd cheque back saying they would deal with the interim order when they consider the deputyship.
Not very consistent!
Thanks for letting me know. It seems to depend who is dealing with the case rather like OPG. I guess you could escalate it to a complaint and then someone more senior could look at it and give you an authority about fees - I guess that runs the risk of you having to pay a further fee on the one that was returned to you.