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Barend B.
Barend B., Legal Consultant
Category: South Africa Law
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Experience:  BLC LLB (Pret) LLM (Augsburg)
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I really need help. A dishonest attorney (since barred) has

Resolved Question:

I really need help. A dishonest attorney (since barred) has put himself, his wife and another attorney as trustees on our family trust. They all resigned as trustees but at the master's office there was a mess up and now they are still on together with the two of us. We need to open a bank account but he now refuses to cooperate. What can we do this person is holding this trust hostage!! There is money that can only be paid into this trust. If we don't get this money very urgently, we will lose everything!

Submitted: 1 year ago.
Category: South Africa Law
Expert:  Barend B. replied 1 year ago.
Good afternoon,

I gather that it is the disbarred attorney that refuses to co-operate? I would suggest that you speak to the other attorney and remind him that he did resign and to lie about it now would be grounds for his disbarment. Ask him to draft an affidavit to confirm that all 3 of them resigned and maybe the Master's office will accept that. Otherwise you will have to follow the procedure in the trust deed to remove them, and if that does not work approach the court to remove them as trustees.

Regards,
BB
Customer: replied 1 year ago.

I suppose we will have to approach the court to remove them. The other attorney was also disbarred already, so that won't even help. Can we get an urgent court order?

Expert:  Barend B. replied 1 year ago.

Good morning,

Yes, in that case you'll have to approach the court to remove them. Whether or not you have grounds for an urgent court application will depend on the facts of the matter. That is something best discussed with the attorney/advocate you will use to do the application for removal as trustees. But if you are not the cause why it has become urgent, and you could not act earlier, there should be cause for an urgent application.

Regards,
BB

Barend B., Legal Consultant
Category: South Africa Law
Satisfied Customers: 1287
Experience: BLC LLB (Pret) LLM (Augsburg)
Barend B. and 2 other South Africa Law Specialists are ready to help you

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Barend B.
Barend B.
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BLC LLB (Pret) LLM (Augsburg)