Hi all
Is someone who has previously been in jail for a serious criminal offence which didn’t involve dishonesty/fraud able to resume as trustee when released from jail? Or, can they be considered unfit for the purposes of s.36? What documents need to be prepared to remove this trustee under s.36 if this is something which can be done without the involvement of the court?
Thanks in advance!
Shamima Begum
NSS Legal Ltd
I believe that a person found guilty of a “serious criminal conviction” is not automatically considered “unfit”, enabling them to be removed under s.36 TA 1925. I take it they are not willing to retire voluntarily.
In reading the posting, though, I am concerned with the reference to such a person being “able to resume as trustee when released from jail”, which seems to suggest their role as trustee was somehow suspended whilst in jail. Either they are a trustee, or they are not. If trustee decisions were made without them whilst in jail, were those decisions validly made, bearing in mind trustees must act unanimously (unless the trust instrument provides otherwise)?
Paul Saunders