Can I become a trustee.

[TerryG]

My mother is currently a trustee of my late father's discretionary will trust. We are in the process of activating the Enduring Power of Attorney set up some time ago as she has become forgetful and muddled. My children are the attorneys for the purposes of the EPA. It has been suggested that my mother retire as a trustee of my father's discretionary will trust. I am a beneficiary of the trust and would like to replace my mother as trustee, even though I live abroad. Can I do this?

If this is not possible could my husband, who has no interest in the estate in any way, become a trustee?

In addition, is it possible to remove a trustee who has no interest in my mother's well being or affairs?

[tax_schmax]

Yes you can become a trustee. You need to be appointed by the other trustees. Your husband could become a trustee also. You can remove trustees although this can be complex. Taken in the round, you are proposing to remove someone you feel is unsuitable and seems to have no right as a beneficiary to the trust, and replacing them with yourself, or your husband who can directly or indirectly benefit from the trust. This could be construed as capable of putting too much power in your hands. If there are other beneficiaries, they might feel threatened without an impartial trustee in place. You should only consider removing a trustee if there is any risk to the trust. Things like fraud, insolvency, lack of communication, carelessness and things like that are good reasons, not having a close personal relationship with your mother would not be a good reason.

Your mother should probably be removed. Perhaps you should work alongside the existing trustees rather than without them. Hope this helps.

[TerryG]

Many thanks Max_Schmax for your reply and the information you have given.

[maths]

As you and your husband appear to non-UK resident be careful not to cause the (I assume) UK resident trust to become a non-UK resident trust; this will affect the tax treatment of the trust and beneficiaries.

[TerryG]

Thanks Maths - we are non UK tax payers and the trust will still be based in the UK.

[maths]

.......the trust will still be based in the UK

Not necessarily for tax purposes.

The residence of a trust depends upon residence status of trustees and possibly residence and domicile status of the settlor.

[cliffordpope]

My brother, resident in America, was originally a trustee of my father's trust. We had endless problems registering ownership of shareholdings and investments. Whilst some would accept foreign resident trustees, others would not. Some required us to name any two trustees, so we could avoid the problem , but others required all trustees to be named, and then rejected any non-UK ones.
In the end it was easier for him to stand down.

[maths]

I am not surprised to read cliffordpope's comments.

To some extent UK institutions (eg banks) simply don't like non-UK resident trustees; they don't understand the residence rules for trusts and thus basically say "no".