Discretionary trust fund

[Lucky4Seven]

My mum passed away in 2019.

In her will she wanted my share to be placed into a discretionary trust fund.

This has now been setup.

There are problems I need advice on.

1. I'm supposed to get an allowance at retirement age (she wrote me a letter of wishes).

2. My brother and her financial advisor are both Executors and Trustees of everything.
3. Both my brother and FA have refused point blank to give me any information regarding the trust fund.

I am deeply concerned to find out this evening that my brother has appointed his wife a further trustee of the fund claiming if anything happens to him there needs to be 2 trustees.

My sister in law was NOT in the will as trustee. This worries me greatly.

I was NOT informed in writting of my sister in law being added as trustee. This came as a complete shock, and not what the will stated.

[ostell]

You started this in this thread https://legalbeagles.info/forums/for...-fund-problems
Why start another thread when answers have already been given?

[des8]

This is what I wrote on your other thread:

• • Beneficiaries of a discretionary trust have a limited right to disclosure. They have a fundamental right to ensure the trust is administered properly. This means in accordance with both the law and the terms of the trust deed. However, this does not mean they have an automatic right to the information they request.
  
  Generally, the beneficiaries are entitled to see the Trust documents, which include the Trust Deed, trust tax returns and balance sheets, and copies of minutes of trustee meetings where the trustees decide to make distributions, and to whom
  
  Disclosure is subject to any term in the Trust Deed that prevents a document or certain information being disclosed. If a beneficiary seeks disclosure of information and the trustees do not comply, an application could be made to court to order disclosure.
  
  You will probably need professional legal advice to take this forward, but a start will be by obtaining a copy of your mother's will.
  If you haven't a copy, you can obtain one here: Search probate records for documents and wills (England and Wales) - GOV.UK (www.gov.uk)
  
  Did you ask about this some months ago? I recall a similar situation, but cannot locate it now.

Section 36(1) of the Trustee Act 1925 sets out when new trustees may be appointed. New trustees can be appointed under this section either by a power contained in the trust document providing that someone has the ability to appoint a new trustee (such person could be the original settlor, for example) or, if no such power exists in the trust document, by the existing trustees.
The power to appoint new trustees under s 36(1 only arises under certain circumstances that do not include your brother's future concerns,

[Lucky4Seven]

This is what I wrote on your other thread:

• • Beneficiaries of a discretionary trust have a limited right to disclosure. They have a fundamental right to ensure the trust is administered properly. This means in accordance with both the law and the terms of the trust deed. However, this does not mean they have an automatic right to the information they request.
  
  Generally, the beneficiaries are entitled to see the Trust documents, which include the Trust Deed, trust tax returns and balance sheets, and copies of minutes of trustee meetings where the trustees decide to make distributions, and to whom
  
  Disclosure is subject to any term in the Trust Deed that prevents a document or certain information being disclosed. If a beneficiary seeks disclosure of information and the trustees do not comply, an application could be made to court to order disclosure.
  
  You will probably need professional legal advice to take this forward, but a start will be by obtaining a copy of your mother's will.
  If you haven't a copy, you can obtain one here: Search probate records for documents and wills (England and Wales) - GOV.UK (www.gov.uk)
  
  Did you ask about this some months ago? I recall a similar situation, but cannot locate it now.

Section 36(1) of the Trustee Act 1925 sets out when new trustees may be appointed. New trustees can be appointed under this section either by a power contained in the trust document providing that someone has the ability to appoint a new trustee (such person could be the original settlor, for example) or, if no such power exists in the trust document, by the existing trustees.
The power to appoint new trustees under s 36(1 only arises under certain circumstances that do not include your brother's future concerns,

Both trustees have not approached me to add a new trustee, my mother made no provision in her will for my sister in law to act as trustee, can I object to this?

I have Legal Expenses on my Home Insurance which should covere the cost of disputes with wills and probate etc etc.

Thank you for your help its very helpful to me knowing the trustee have unreasonably refused me access to paperwork.

I have no idea how much the trust fund is worth, or how much allowance I am to get at retirement age what my mum wanted.

[Lucky4Seven]

Do you know what section under the Trustee Act can I qutoe to mr brother for copies of the trust documents?

[des8]

You won't find the right expressed in a statute as it is a fundamental principle of trust law that a beneficiary must be able to enforce the trust and to make the trustee account for his conduct in the administration of the trust.

To allow the beneficiary to enforce the trust, he must receive sufficient information about the trust assets. A trustee therefore has a duty to provide certain information to beneficiaries, which usually will include a copy of the trust document.

.The trustees have a fiduciary duty to keep the beneficiaries informed. The beneficiary's right to trust information was clarified in the cases of Schmidt v Rosewood Trust Ltd [2003] UKPC 26 and Breakspear v Ackland [2008] EWHC 220 (Ch)

I repeat that you should be looking to have professional support

[Lucky4Seven]

You won't find the right expressed in a statute as it is a fundamental principle of trust law that a beneficiary must be able to enforce the trust and to make the trustee account for his conduct in the administration of the trust.

To allow the beneficiary to enforce the trust, he must receive sufficient information about the trust assets. A trustee therefore has a duty to provide certain information to beneficiaries, which usually will include a copy of the trust document.

.The trustees have a fiduciary duty to keep the beneficiaries informed. The beneficiary's right to trust information was clarified in the cases of Schmidt v Rosewood Trust Ltd [2003] UKPC 26 and Breakspear v Ackland [2008] EWHC 220 (Ch)

I repeat that you should be looking to have professional support

Thank you for your advice.

I also have a concern that he told me the trust is not in my name and is not about me at all.

Its not what was said in the will its states mum wanted it for me quite clearly.

I have emailed my solicitors this morning.

[Lucky4Seven]

I am with Lloyds Bank as I understand it I have Legal Expenses on my Home Insurance, so I'm hoping they will cover me for issues like this, so will give them a call in the New Year.

The solicitors I went to wanted money upfront which I cant afford so to have Legal Expenses might save me a few quid.

[Lucky4Seven]

This is what I wrote on your other thread:

• • Beneficiaries of a discretionary trust have a limited right to disclosure. They have a fundamental right to ensure the trust is administered properly. This means in accordance with both the law and the terms of the trust deed. However, this does not mean they have an automatic right to the information they request.
  
  Generally, the beneficiaries are entitled to see the Trust documents, which include the Trust Deed, trust tax returns and balance sheets, and copies of minutes of trustee meetings where the trustees decide to make distributions, and to whom
  
  Disclosure is subject to any term in the Trust Deed that prevents a document or certain information being disclosed. If a beneficiary seeks disclosure of information and the trustees do not comply, an application could be made to court to order disclosure.
  
  You will probably need professional legal advice to take this forward, but a start will be by obtaining a copy of your mother's will.
  If you haven't a copy, you can obtain one here: Search probate records for documents and wills (England and Wales) - GOV.UK (www.gov.uk)
  
  Did you ask about this some months ago? I recall a similar situation, but cannot locate it now.

Section 36(1) of the Trustee Act 1925 sets out when new trustees may be appointed. New trustees can be appointed under this section either by a power contained in the trust document providing that someone has the ability to appoint a new trustee (such person could be the original settlor, for example) or, if no such power exists in the trust document, by the existing trustees.
The power to appoint new trustees under s 36(1 only arises under certain circumstances that do not include your brother's future concerns,

The fact that my brother has appointed his wife as another trustee without my knowledge or conset beforehand, is there anything I can do about this!?