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Can sister's interfere in trust made by father. They are not members.


31-Mar-2023 (In Wills / Trusts Law)

My father formed a Trust with him as chairman and founder managing trustee (both him & his wife) with 11 members including them. He died in Sept 2008. His wife became the next managing trustee and I became Jt signatory & managing trustee. Since then my sisters(3) have been opposing the trust as they are not members of the trust.

They imposed a supplementary trust on the Trust accounts , due to which I being managing trustee had to freeze the accounts from misuse.

Now the other chairman is also deceased in Nov 2014. 4 Members out of 11 trustees have died. I wish to revive the accounts.

 

Answers (1)

Answer #1
253 votes

You will first have to clarify the contents of the supplementary trust deed and also the nature of the trust.

In general a supplementary trust cannot in law cannot bind the Principal trust if executed by a third party.

Thus in your case to know the contents of both the deeds, the nature of the trust and the state in which the trust property is of great significance.

To simplify things further, with a view to safeguard your interest, consult a lawyer having expertise in trust law. 

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

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