Brother Trustee Court Action

[Lucky4Seven]

So as you all know from past threads, my mother sadly passed away in July 2019.

She decided to take my share of the money away from me and put it into a Discretionary Trust.

I went for 3 years without a penny, my brother refusing me monies, whilst he was splashing the cash causing distress to me.

After 3 years, I lost half my benefit and they only agreed to pay me because of that .

I instructed solicitors in 2021.

They have been repeatedly asking my brother, and the other Trustee for the Trust Accounts.

The Trustees have repeatedly failed to comply under the case law of Pearse V Green 1891 it might now have to go to Court.

My brother owes the Trust money.

He bought my mother's house for £306K, but only paid in £198K, a shortfall of £113K.

My solicitors have been asking since 2021 where is this missing money, my brother is refusing to cooperate.

He also gave away my late mother's car worth around £6K to a non beneficaiary of the estate, again he is refusing to answer as to why.

So my question is, because my brother owes the Trust a substantial amount of money which he refuses to cooperate over, how do I go about recovering this money, as I don't know what the procedures are?

My solicitors have given them until 13th October to respond, so far again they haven't

[atticus]

Today is the fifth of October 2023. Presumably your solicitors have a plan, with the benefit of the advice given by Counsel a few weeks ago, should an acceptable reply not be forthcoming in the next eight days.

NB https://legalbeagles.info/forums/for...83#post1652283

[Lucky4Seven]

Today is the fifth of October 2023. Presumably your solicitors have a plan, with the benefit of the advice given by Counsel a few weeks ago, should an acceptable reply not be forthcoming in the next eight days.

NB https://legalbeagles.info/forums/for...83#post1652283

Thank you for your reply.

My solicitor has said if there is no response by 13th October, he will go back to Counsel for further advice.

I was hoping to avoid Court action, because it will make it more expensive for the Trust, but then again I am hopefull the Court will side in my favour because we have done everything correctly and followed procedures, the brother has not.

I hope it won't come to bailiffs, as I don't know what assets my brother has in order to pay a debt of £113K he currently owes the fund.

Would the Court be able to seize the property and force him to sell to repay what he owes!?

[atticus]

As I said previously, action can be taken against trustees to require them to provide a full account, and to pay any sums showed by that account to be owing. Is that the route your lawyers are taking?

I am professionally constrained in respect of the further advice I can give (even anonymously on an internet forum) when I know solicitors are instructed.

[Lucky4Seven]

As I said previously, action can be taken against trustees to require them to provide a full account, and to pay any sums showed by that account to be owing. Is that the route your lawyers are taking?

I am professionally constrained in respect of the further advice I can give (even anonymously on an internet forum) when I know solicitors are instructed.

Its sadly looking that was yes.

I didn't think my own sibling would ever treat me like this denying me money from a Trust I'm supposed to benefit from.

Its also not going to go down well when I inform the Courts I was born with a disability and he was refusing his disabled sister monies, I hope he gets the book thrown at him.

[atticus]

Court, singular.

[Lucky4Seven]

Court, singular.

Its just a shame that Court action can be avoided if my brother and the other Trustee would cooperate for the accounts. I think they (my brother) has something to hide.

I suspect my brother has either been spending the Trust money himself, or he has been making payments to his grandchildren, thats why they won't cooperate.

[atticus]

I think we had all gathered that.

[Lucky4Seven]

I think we had all gathered that.

I'll know by Friday 13th, if they have or have not responded. Either way instructions will be sought by Counsel for the next steps.

Its just a shame its got to this, but when you have a sibling who doesn't give a monkeys, thats what will happen