Been Made Destitute By Mum

[Lucky4Seven]

Can I please ask for some advice regarding my late mother who died last year.

I am very upset and distressesd at how my inheritance has been left.

My mum made her will in April 2016.

Although the will says 50/50 share for me and my brother I have some concerns.

My brother has full access to his share, no strings.

Me, however, diffferent side.

My mother's financial advisor who is joint trustee and executor alongside with my brother, told my mother it would be better for me if my share was placed into a trust fund!!

My mother wrote a letter to me in 2017, stating I was to receive a monthly income.

I'm very distressed that her financial advisor has told me I am to receive no money until I am 68, whereas my brother has full access to his share and can do what he likes to it.

I feel that I have been made financially destitue until 68.

Surely that is grossly unfair as my mother's letter did not state I had to wait until 68 to receive my allowance its the financial advisor who said it.

The problem is there is a non intereference clause 6 in my mum's will that if I contest what little I have been given it will be forfeited.

I feel very angry and distressed I have been made destitute, my brother was clearly in favour.

Also, can I have my brother removed as trustee as I feel a trustee should be a seperate individual not a family member, am I allowed copies of the trust fund paperwork once it has been setup?

Any advice please!?

[des8]

Do you have a copy of the will?
What is the exact wording about setting up a trust fund?

Generally speaking a beneficiary has a right to see the trust deed and documents which set out the terms of the trust, the identity of the trustees and the trust assets and trust accounts

[Lucky4Seven]

Do you have a copy of the will?
What is the exact wording about setting up a trust fund?

Generally speaking a beneficiary has a right to see the trust deed and documents which set out the terms of the trust, the identity of the trustees and the trust assets and trust accounts

I don't know as of yet the trust has not yet been setup up.

What can I do if my brother refuses to give me copy of the paperwork!?

[Lucky4Seven]

I don't know as of yet the trust has not yet been setup up.

What can I do if my brother refuses to give me copy of the paperwork!?

Yes I do have copy of the will.

[des8]

Yes I do have copy of the will.

So what is the wording?

[des8]

I don't know as of yet the trust has not yet been setup up.

What can I do if my brother refuses to give me copy of the paperwork!?

If he is really stupid you can obtain a court injunction with adverse costs for its disclosure

[Lucky4Seven]

If he is really stupid you can obtain a court injunction with adverse costs for its disclosure

My share is to go into a discretionary trust fund, but its worded like that to avoid tax.

i need to obtain the trust fund documents.

[Manxman]

Are you or are you not receiving the monthly income your mother referred to in 2017?

You've been told you will get "no money" until you are 68? Are you sure that's what you've been told? How old are you now?

[des8]

I think you should probably be consulting a solicitor who is a specialist in contesting wills.
Obviously we do not know the full story, but it concerns me that your mother, under the guidance of a financial adviser, left your legacy to be held in a discretionary trust .
The adviser and your brother are executors
The adviser and your brother are the trustees
As it is a discretionary trust all decision-making about how to deal with the income or assets falls to the trustees.
Did your mother leave a Letter of Wishes giving guidance and an indication as to how she would want the trustees to act.?

[Lucky4Seven]

I think you should probably be consulting a solicitor who is a specialist in contesting wills.
Obviously we do not know the full story, but it concerns me that your mother, under the guidance of a financial adviser, left your legacy to be held in a discretionary trust .
The adviser and your brother are executors
The adviser and your brother are the trustees
As it is a discretionary trust all decision-making about how to deal with the income or assets falls to the trustees.
Did your mother leave a Letter of Wishes giving guidance and an indication as to how she would want the trustees to act.?

Yes she did, she wanted me to have a monthly income, but did not say at what age I was to be granted this.