Reference no: EM133813235
Question
According to Scottish laws, In 2022, Katie Kirk created the Walking Tennis Trust, a trust intended to promote participation in an inclusive form of sporting activity. She appointed herself as trustee along with Lisa Love, Michael Mackie, and Neil Nelson. The trust deed is very basic and does not cover assumption or resignation of trustees and it does not say anything about the duties of the trustees. Various issues arise and your advice is sought. Advise the trustees on the following, making reference to appropriate authority:
a) Michael had a heated argument with Neil and Lisa during a Zoom meeting in the summer, and Katie ended up muting him. Michael sent a couple of private messages to Neil, with lots of swearing and personal threats, and including the words "I've had enough", which Neil saved as a screenshot. Michael now refuses to attend meetings. Katie believes that, as settlor she retains the power to appoint a new trustee to replace Michael. Advise the trustees on the validity of Michael's resignation and the correct procedure for replacing him.
b) Lisa was involved in a car accident in November. Unfortunately, she has a serious brain injury and is unlikely to regain full capacity. What measures could the remaining trustees take to manage the situation?
c) Neil has been offered a new job in The Netherlands, but he is keen to remain a trustee despite the move. Is this possible?