Inheritence

[Bugaboo]

Hi need some advice on getting my inheritance ... I have been left a property willed to me ... It has been left in a trust ... Im the trustee along with my brother and sister ... Both myself and sister want to sell but my brother wants to stay as he lives in it .... The trust says it will stay active until the property is sold and divided amount us ...

We were thinking to do a force for sale but I've been informed that we can not do this as its in a trust.
But i thought as we are trustees we have the power to sell ... Any advice would be great 😀

[des8]

Re: Inheritence

The wording of the will might be useful but generally in private trusts, the rule is that trustees must act unanimously unless the trust allows otherwise. A majority of trustees cannot ordinarily rule against the minority. In case there is absolute deadlock a trustee or a beneficiary could apply to the court : Luke v South Kensington Hotel Co (1879) 11 Ch D 121

[Bugaboo]

Re: Inheritence

The wording of the will might be useful but generally in private trusts, the rule is that trustees must act unanimously unless the trust allows otherwise. A majority of trustees cannot ordinarily rule against the minority. In case there is absolute deadlock a trustee or a beneficiary could apply to the court : Luke v South Kensington Hotel Co (1879) 11 Ch D 121

Hi and thank you .... The will states that the property he is living in has to be sold and divided between the 3 of us ... My brother will not answer our calls or emails ... All three of us are executors of the will and its been well over a year since my mother passed away ... Im homeless at the moment because there was originally two houses but the one has only been willed to him ... I was living at that property and i sold my own home because my brother promised i could buy it ...anyway he got greedy and wanted more than i could afford so i moved out .... the house is empty surly he could move into that and we sell the house he is living in ... Plus the house we inheritate from is worth alot more

[Bugaboo]

Re: Inheritence

I forgot to say its a discretionary trust

[des8]

Re: Inheritence

Often with a discretionary trust there is a formal letter from the testator stating their wishes,but in this case you say the will states that the house must be sold and split three ways.

Executors have to implement the terms of the testator's will.
If necessary there is always reccourse to the courts, but every effort should be made to avoid this due to the cost, stress and delays by negotiation.

I'll tag [MENTION=85500]Peridot[/MENTION] for you, to see what she would advise

[Bugaboo]

Re: Inheritence

Often with a discretionary trust there is a formal letter from the testator stating their wishes,but in this case you say the will states that the house must be sold and split three ways.

Executors have to implement the terms of the testator's will.
If necessary there is always reccourse to the courts, but every effort should be made to avoid this due to the cost, stress and delays by negotiation.

I'll tag [MENTION=85500]Peridot[/MENTION] for you, to see what she would advise

There is a wishes letter but I've had a solicitor look at it and its void because it is not dated and signed by my mother or father ...it also states that we all agreed to it ...and the first i saw of it was when my father passed away . We think my brother typed it up and we know he had great influence in both wills ... Hence the reason he has ended up having a property soley left to him ...

[Bugaboo]

Re: Inheritence

I do

[Bugaboo]

Re: Inheritence

I do have a solicitor but she doesn't seem to know much plus she deals with family law ...she represented me due to complications over the other property ... But i feel that i need a solicitor that has a bit more knowledge i only stayed with her because she knew all the ins and outs ...i had an appointment today and i came out feeling helpless ...that i haven't a leg to stand on ...although she did tell me that she doesn't think i can force for sale and i might need a barrister ... I have already paid quite a bit of money ...but im getting no where ...thank you ever so much for your help

[des8]

Re: Inheritence

Keep an eye out for [MENTION=85500]Peridot[/MENTION] posting.
She is very busy, but I'm fairly certain she will eventually pick this up

[Peridot]

Re: Inheritence

Hi Bungaboo,
Oh dear sounds a bit of a mess. If I understand correctly there were 2 properties, one left to your brother outright the other to be sold and divided between 3 of you?
If that is correct, where I am getting slightly confused is you mentioned a discretionary trust? It would be really helpful to see a copy of the will and the exact wording. If you could take photos of each page blocking out any names and addresses that would be really helpful. If you can't take photos or scan the document then by all means type the clauses. Sorry a bit of a pain, but it is important to see the whole will before I see if I can point you in the right direction.
You can upload the photos or scanned documents to this site. Here's a how to document:- http://legalbeagles.info/forums/show...ading+pictures

[Kati]

Re: Inheritence

You can upload the photos or scanned documents to this site. Here's a how to document:- http://legalbeagles.info/forums/show...ading+pictures

or ... they could email them to me and I'll redact as needed and upload for them xx

[Peridot]

Re: Inheritence

I'll remember that for next time. Takes me 10 ins to find the right thread to past. What e-mail should I give out for future reference Kati?

or ... they could email them to me and I'll redact as needed and upload for them xx

[Kati]

Re: Inheritence

I'll remember that for next time. Takes me 10 ins to find the right thread to past. What e-mail should I give out for future reference Kati?

kati@legalbeagles.info ... it helps if they add a link to their thread or tell me their username too xx

[Bugaboo]

Re: Inheritence

Hi yes will send you info i will wait to do it on my partners phone as it will be a clearer picture my camera is not all that good and thank you so much for your help i really do appreciate you taking the time ��

[Peridot]

Re: Inheritence

No problem, I'll wait to see the post. Don't forget to block out names etc.