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My step-mother is trustee for my son who is under 18 and a beneficiary of my father's will. Can she resign and allow me to take her place as trustee?
My step-mother has been made sole trustee for my son who is under 18 and who is a beneficiary of my father's will but she doesn't want the responsibility. Can she resign and how can I be made the trustee instead without her being liable to being sued by my son if he thought I had mis-managed his trust fund?
Your stepmother can resign under a Deed of Retirement of Trustee and you can be appointed through a Deed of Appointment of New Trustee. If you comply with the requirements of the Trustee Acts 1925 and 2000 then there should be no reason why your son should seek to sue you for mismanagement. We will ask a Solicitor to contact you and discuss this with you further.
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