South Africa Law
Ask a South Africa Law Question, Get an Answer ASAP!
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!
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?
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
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).