Dear all
I have a case where H&W are trustees of a trust fund (cash investment, no property) for minor child who is beneficiary of a legacy under grandfather’s Will. H now has dementia and the financial institution will not accept instructions from W as attorney for H under the LPA, because the Trustee function cannot be delegated under the LPA.
I can see that s36 Trustee Act applied and I’ve found a precedent Deed of Appointment of New Trustee and Retirement.
However, I do still have one query, and sorry if this is obvious. Can W sign the Deed of Appt/Ret (which appoints a new Trustee and retires H) in her capacity as (1) Continuing Trustee and (2) can she also sign as the attorney for H?
Your advice would be greatly appreciated.
Kind regards
Catherine Anderson
Town Hall Chambers Anchor Square Bakewell Derbyshire DE45 1DR
Tel: 01629 814461 Fax 01629 812858
Partners: Philip E Bramall M.A.(OXON)
Jonathan F Short LL.B
Legal Executives: Mrs Nicola Gray B.A.(HONS), FCILEx
Mrs Catherine A Anderson FCILEx, TEP
Assistant Solicitor: Christine A Malia B.A. (HONS), TEP
Regulated by the Solicitors Regulation Authority No: 344123
Information in this message is confidential and may be legally privileged.
It is intended solely for the person to whom it is addressed.
If you are not the intended recipient, please notify the sender and please delete this message from your system immediately.
Internet Banking Fraud
Please note that our banking details will not change during the course of your transaction. If you are sending money to us it is your responsibility to check that the bank details you are using to send money to us are correct before sending your payment. If in any doubt at all about transferring money, consult your solicitor. There have been a number of instances of interenet banking fraud and the policy of Franklin & Co is to request that when making electronic payments you telephone our office first and speak to your solicitor to check that the bank details you are using are correct before sending any payment. Franklin & Co will not take any responsibility for any loss or consequences if you transfer money to a wrong or false banking account.
PLEASE NOTE WE WILL NEVER SEND OUR BANK DETAILS BY EMAIL – IF YOU RECEIVE AN EMAIL PURPORTING TO BE FROM FRANKLIN & CO CONTAINING ANY BANK DETAILS YOU SHOULD DISREGARD IT AND CONTACT US IMMEDIATELY.