Husband died and appointed wife as sole executor and trustee. She took out Grant of Probate. Will included nil rate band legacy on discretionary trust. Wife is sole trustee and does not appear to have file annual tax returns (rental income to report) or IHT account on 10th anniversary. She now lacks capacity and son is attorney under LPA for P&FA.
It seems the only option for removing mother as trustee and getting new trustees in place is application to court under s41 Trustee Act 1925. Would forum members agree? Mother has no beneficial interest in land held in discretionary trust but has half-share of rental property where other half-share held by trust.
s58 of Trustee Act 1925 restricts applications to those beneficially entitled. If son is a member of class of beneficiaries of disc trust, does he have standing to apply for order under s41?
Samir Hussain
Gregsons