REPLACING THE MCCLURES/JONES WHYTE TRUSTEES
Unless you have some legal background/experience you will need professional help to do this. What follows is meant only to help you understand the difficulties and ask relevant questions of your chosen solicitor.
Start by reading the Trust Deed. This will identify the Trustees you have to deal with. It may also identify who, if anyone, has a specific power to remove and appoint Trustees. The English Trusts appear to give these powers to the Settlor. The Scottish Trusts say nothing about giving such powers to the Trustee.
Next, make an online search of your relevant Land Registry to obtain a copy of your property title register. It only takes a few minutes.
Relevant links:
LINK: Scotland Search
LINK: England/Wales Search
LINK: Northern Ireland Search
You can call them to get this information, but the paper document is the confirmation of the status of your property in the Registers of Scotland, or HM Land Registry (England and Wales). It will also be useful evidence if reporting any concerns or complaint relating to this.
The title register will show the current legal owners, or proprietors. They may or may not be described as ‘Trustees’. McClures way of registering the Trusts seems to have varied depending on the office, or even staff member, doing the work.
If the Settlor of an English Trust is alive and has mental capacity, then a Deed of Removal and Appointment (DORA), can be used to remove the McClures Trustees and replace them with new Trustees of the Settlor’s choice. The McClures Trustees are not parties to such a Deed, and their signatures are not required for them to be removed but do read the section on registering the new/continuing trustees as proprietors at the Land Registry.
If the Settlor has died, has lost capacity or you are dealing with a Scottish Trust then no-one (other than the Courts) has power to remove a Trustee (other than in limited circumstances which don’t apply to the McClures situation). You will have to seek the cooperation of the existing Trustees. Basically, you are asking them to appoint new Trustees and then resign/retire.
For an English Trust a Deed of Appointment and Retirement (or Resignation) (DOAR) is used. The equivalent in Scotland is a Deed of Assumption and Resignation (also known as a DOAR). The difference in terminology is not significant. Their nature and effect are the same, although the language differs. The retiring/resigning and the new/continuing Trustees must all sign the Deeds.
Some McClures trustees are demanding a fee for their co-operation and signatures, as well as an indemnity from the continuing Trustees giving them immunity from claims for negligence or failing to carry out their duties as Trustees (it is recommended that you do not sign any such documents without seeking legal guidance). Some also demand a contribution to their solicitors’ costs.
On our Facebook page, we have a document which details names, addresses etc of solicitors by location, that have been used by other members of the group and have been recommended.