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Discretionary trust in a Will

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  • Discretionary trust in a Will

    My grandmother died and her will stipulated that half of the estate was to be held in trust. This was for the benefit of my aunt who had down syndrome. My aunt passed away 10 days after my grandmother so the trust isn't required now. Does this still have to be set up, and trustees be appointed just for the trust to be dissolved. My mum is the executor and the only named beneficiary of the will. The solicitor acting says the trust needs to be wound down, however if no trustees have been appointed I'm confused about how this can be in force, the costs we've been given are £500-£1000 to appoint trustees and wind down the trust, but it seems unnecessary to do this.
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  • #2
    Was there no survivor clause with regards beneficiaries in the will ?

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    • #3
      Hi Lizbee,
      Just to clarify can you confirm the type of trust this is, the date the Will was made and also when your grandmother died? Does the trust stipulate how the funds were to be used in the body of the Will, was it a discretionary trust?
      The wording of the Will is relevant to try and establish the type of trust and what the trustees can and can't do. Can you transcribe the relevant clause or attach a copy of the Will making sure all identifying names and addresses are blocked out.
      Hopefully we can help explain a bit further and give you some pointers.

      I am a qualified solicitor and am happy to try and assist informally, where needed.

      Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any practical advice I give is without liability. I do not represent people on the forum.

      If in doubt you should always seek professional face to face legal advice.

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