Hello Adam,
Thanks for your prompt reply.
There is no doubt that I can satisfy the registrar that C, the Settlor (and continuing trustee) was entitled to remove A & B and appoint D & E. That is clear in the trust deed which will be submitted with an AP1.
My question really is whether the fact that A & B appear on the register as individuals, rather than acting in their capacity as trustees will force me to also use a TR1.
My concern arises from having discovered a similar situation on a trusts discussion forum run by the Society of Trust and Estate Practitioners. I am not a member of STEP but I have been able to copy relevant extracts and these are in the attached pdf file. I can be pretty certain from his description that Stephen Horton ( the STEP member involved ) was dealing with another case arising from the failure of the same firm of solicitors. This was W.W.& J McClure based in Glasgow but with several satellite offices in England.
There are thought to be tens of thousands of Family Protection Trusts set up by McClures where a similar issue may arise. Most of them involve trusts written under english law and hold property in your registrar's "jurisdiction". In some cases the proprietorship register names the individuals but adds "as trustees of the XYZ Family Protection Trust". If so the potential problem described in my initial question and described in the STEP posts clearly doesn't arise. I have contact through a Facebook group known as the "Victims of McClures Solicitors" with others who have shown me or describe proprietorship registers making no mention of trustees. McClures failed in 2021 and there are thousands of families who are not yet even aware that they are caught up in this situation. New members join the Facebook group every day, there are currently over 1600.
I suspect that HM Land Registry will soon be hit with a "tidal wave" of questions about and applications for removing the the McClures trustees from proprietorship registers. Is there no way that you can provide some guidance based upon the facts outlined in my original question?