Will advice - daughter

[George74]

Hi

Im hoping someone maybe able to give me some advice here as im unsure what to do. My daughters grandfather left my daughter and his other grandchildren (2) his home. He did not leave it to his daughter (my daughter's mum) as he gave her a considerable amount of money (30k) to help with home improvements when he was alive. These were completed but she moved after the improvements were completed, to which her dad was very unhappy about as he thought she would be staying there. Hence I think he then decided to leave his house to his grandchildren.

After he died, his daughter turned his home into a holiday let. Im hoping that the money generated from this is going into some sort of trust fund for my daughter and the other grand children. My daughter's mother does not speak to me and I am concerned that the money is not being set aside for my daughter and she wants to go to university in a few years.

What can I do to check that the grandfather's wishes are being followed and income from his home is being put aside for his grandchildren? I have obtained the land registry document and it says that the house is now registered in his daughters name. Can she do this as the property was not left to her? Im worried if i dont do something now then by the time she is 18 her mum may have spent the money and therefore more difficult to recover if she has done something she should not have.

Any help gratefully appreciated.

[sederunt]

I see that some information is in another thread.

Your ex is on the title and there is a mortgage (standard security) in her name. Presumably the proprietorship page does not refer to her as a trustee.

Much depends on the provisions in the will. Have you seen the will and know for certain that there is a trust specified and that the grandchildren are the beneficiaries?

It is often not ideal having a single trustee (if this is indeed the case here) it offers a single point of failure.

[George74]

Hi

Yes i originally posted in the 'Wills' section but a poster there told me to post here as it is to do with Scottish Law. No, there is no information on the registry document about her being a Trustee. I have not seen the will, my daughter just told me about this. What would you suggest my next steps should be here?

Thank you.

[atticus]

In the other thread you mentioned entries on the Land Registry document to do with considerations and burdens. You have not mentioned them here. I thought perhaps someone familiar with law north of the border might be able to help you with those.

sederunt ?

[George74]

Yes sorry, so to recap from other post. The land registry documents have a Considerations part that says 'implementation of will' and in the securities section there is a specification part that says about standard security being made to a named bank by the mum and also payment of a grant by the local council to the grandad.

There are two burdens - one which includes it can only be used as a private house for residential purposes only (so presumably means she cant holiday let) , the other conditions look standard for a shared block and the second burden says 'Under burden of any servitudes wayleaves rights of access and others however constituted.' which i dont know what that means.

Can the mum put the property in her name if it has not been left to her?

[sederunt]

Can the mum put the property in her name if it has not been left to her?[/QUOTE]

Yes - a trustee can be shown as owner on the title.

[George74]

Thanks - what steps do you think i should take to ensure my daughter's interests are protected here? Unfortunately I have lost trust in her mum.

[sederunt]

The Accountant of Court may have an interest if the grandchildren are under 16, depends on the circumstances. See webpage for details: https://www.scotcourts.gov.uk/the-co...land)-act-1995
Might be worth an exploratory phone call.

If you are interested in obtaining a copy of the will this should be available from the sheriff court along with the publically available pages of the applicarton for confirmation (at a cost). (if interested, request from the court where the grandfather lived in the first instance)

[George74]

Thank you so much for the advice. Yes, my daughter is under 16. I didnt know about the Accountant of Court. I will look into this and try and get a copy of the will and report back.