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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 116712
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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I am settlor and trustee of a trust in India.I have resigned

Customer Question

I am settlor and trustee of a trust in India.I have resigned as trustee from board of trustees.The board of trustees have amended the trust deed appointing new trustee in my place in the Trust Board without my knowledge and the new trust deed has removed my name as settlor on the basis of my resignation from trusteeship.There is provision in the trust deed that the appointment of new trustee shall be at the request and direction of settlor.The new trust deed has been executed without my knowledge and signature starting that my resignation is from trustee as well as settlor though my resignation speaks of trusteeship and not settlor.What powers the settlor can exercise to dismiss the board in the absence of any provisions in the trust deed.
Submitted: 11 months ago.
Category: Legal
Customer: replied 11 months ago.
This I could come to know from press note in print media on 25/6/2016 that the board has handed over the charge to new trustee who happens to be appointed as managing trustee as well.The new trust deed is executed on 21/6/2016 consequent to board meeting conducted on 16/6/2016 and for all these acts of the trust board I had no communication of meeting l either before the above board meeting nor after the meeting of all theses incidents.
Expert:  Law Educator, Esq. replied 11 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
If you were merely a trustee and not a settlor, they could have done this without your approval or without notice to you. However, as settlor, if the trust states you have to approve of replacement or changes and they failed to get that approval, you have grounds to invalidate their actions and if they refuse to vacate their actions and comply with the terms of your trust as settlor, you need to review the trust to see if it gives you power of removal of trustees being the settlor and if it does you can remove them all. If they refuse, you would have grounds to sue for breach of fiduciary duty and to get the court to order their removal.
Customer: replied 11 months ago.
I have not been clarified what course of action is available to the settlor against the Board of trustees,if the Board (excluding me) executes amended trust appointing some new trustees without the knowledge of the settlor who is also trustee but tendered resignation from trusteeship.The Board of trustees amended trust deed illegally recognising the resignation of trusteeship (of settlor who is also trustee) as resignation from founder also.I understand the settlor can remove the board of trustees for this illegal action in the absence of any specific provision in the trust deed.
Expert:  Law Educator, Esq. replied 11 months ago.
Thank you for your reply.
If you reread what I said above what action is available depends on the language of the trust. 1) If the trust allows for the settlor to remove trustees, then you can remove them without any court action, just by notice to each trustee they are removed and you can replace them. 2) If the trust deed does not allow for replacement by settlor, while the settlor can ask for them to step down, if the trustees refuse, the settlor still has to go to court and have them removed for breach of fiduciary duty.