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Advice Please - Trustees.?

Now I know I should never ask for more than General Advice but you don't have an 80 year old mother who is looking to me for assistance. Any advice and possible guidance would be very gratefully received. My mother is one of two life tenants of a Interest in Possession trust which came into existance in 1968 as a Settled Land Act trust. Last Christmas I visited my mother and found that she only had £70.00 as the trustee had not paid her income from the last year of account 2009 -2010. They acknowledged that they owed her money but gave no indication when they would pay. I helped her sue and they acknowledged the debt of £28,771. Judgement was entered plus interest and costs making the total £31K. When she received the accounts and cheque for 2010 -2011 they had clawed back all £31K and only paid her £647.00. They also advised that they were splitting the trust between her and her brother. Letters were sent telling them that their accounts were refused and full documentary evidence was required and that their proposal to split the trust was refused. Papers have been received which are being checked but they do not provide a proper answer to the accounts. They also say they are going ahead with splitting the trust despite her refusal. Now I know they have a duty not to act partially and haver to act in the interests of all parties including the remainder men, so removing them would be an option. However, my despite winning the action my mothers finances are not strong as she had ben living on credit cards and I am in no position to help. I think that the best thing to do is write reminding them of their duty and telling them their proposal is still refused and if they proceed action will be taken to remove them. However, that action will have to wait because of the cost. Sue them for this years accounts. I doubt any court will find anything other than in her favour, paying her 1.11% of what is normally due would be hard to argue. The money gained can then be used to remove them and I would think (comment please) that 2 successful actions against them plus their showing action in splitting the trust would make it very dificult for a judge not to order their removal. Please.

Public Comments

1. I would talk to ur lawyer!!!
2. You need a Solicitor not a guesstimate from here. UK
3. Your mother needs to petition the court for an accounting of the trust so you can see what has actually been going on over the years. She also need to understand the terms of the trust so she knows the amount and distribution of funds. Good Luck