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Trust Fund Problems

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  • Trust Fund Problems

    I'm wanting some advice on a trust fund.

    My mum passed away last year.

    She wanted my money put into a trust fund.

    There are 2 trustee her financial advisor and my brother.

    The issue I have is I am unable to access my money and have been told my mum wanted me to have an allowance at retirement age meaning I am going 20 years without a penny.

    However I have been told that if I lost my benefits they would agree for me to have funds early so I'm not financially destitute.

    However my brother is reluctant for me to have any money; he has already refused me a new car even though my car is 14 years old.

    My brother has a beneficial interest himself in the monies because if anything happens to me the grandchildren will be given whats leftover.

    He keeps upsetting me by saying he wants money for the grandchildren, yet not looking after me.

    Can I get my brother removed as trustee because he is not looking after me as the main beneficiary and is reluctant for me to have access to my money!?

    Its okay for him mum made sure he had accesss to his money in full its me who's been treated unfairly and being made to wait 20 years.

    Tags: None

  • #2
    Have you spoken with a solicitor as advised on your earlier thread?
    You should be able to get a free or set price initial consultation to see what your options are.

    Earlier advice:
    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.?

    Comment


    • #3
      Originally posted by des8 View Post
      Have you spoken with a solicitor as advised on your earlier thread?
      You should be able to get a free or set price initial consultation to see what your options are.

      Earlier advice:
      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.?
      I don't know but she wrote me a letter saying about it being in a discretionary fund with an allowance each month at pension age.

      Its starting to cause a rift between me and my brother because he has all his money at his disposal.

      Comment


      • #4
        It might be that you can challenge that trust fund or the way ut is being run, but it is impossiblre for us to say for certain without seeing all the actual documents.
        That is why I suggested you consult a solicitor.
        Have you ?

        Comment


        • #5
          Originally posted by des8 View Post
          It might be that you can challenge that trust fund or the way ut is being run, but it is impossiblre for us to say for certain without seeing all the actual documents.
          That is why I suggested you consult a solicitor.
          Have you ?
          I have but I can't do anything until I get a copy of the trust fund documentation which could take a while.

          Comment


          • #6
            Well it seems you will have to be patient while your solicitor obtains the documents

            Comment


            • #7
              Originally posted by des8 View Post
              Well it seems you will have to be patient while your solicitor obtains the documents
              Can I send you a private message with the documents when they are ready if you can have a look at it!?

              Comment


              • #8
                Originally posted by Lucky4Seven View Post

                Can I send you a private message with the documents when they are ready if you can have a look at it!?
                If you wish

                Comment


                • #9
                  Originally posted by des8 View Post

                  If you wish
                  Thank you x

                  Comment

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