Discretionary trust

[Alex1605]

Hi, my late Mother's will created a discretionary trust which I don't think is what she would have wanted. I feel that she would have wanted a fixed interest trust. I am her only surviving son and I am a beneficiary along with 7 others. What am I able to do regarding this. The will was created the day before she passed

[des8]

Condolences on your mother's passing

Why do you believe your mother wanted to set up a fixed as opposed to a discretionary trust?

Was the will drawn up by a solicitor?

What is the wording used in the will?

[Alex1605]

I am a recovering alcoholic, so my Mother would have wanted it in trust. My mother would have wanted security for me moving forward in life. She had lost my brother to alcoholism only 14 days prior to her own death hence I feel the urgency for her to update her will. I feel that she wasn't given the full implications of a discretionary trust, being that there is no security for any of the beneficiaries. I received an email from the solicitors stating....your mother's will created a discretionary trust. Even though you are a named beneficiary, this trust does not entitle any beneficiaries to any monies or property in the trust. Also the trustees are not obliged to pass on monies or property to any beneficiary.
sorry to sound off, I may not know what I'm talking about, but I know my mother would have wanted me to be safe and secure. My mother's previous will was basically just to me and my brother. It's not the money I'm interested in, more the security. Hope you understand. Thank you

[des8]

Do you have a copy of the will and the trust deed?
Did your mother leave a "letter of wishes" with the trust. That would give guidance to the trustees which would normally be followed even though not legally binding.
Who are the trustees?


As the will was presumably drawn up by the solicitors you will probably find it difficult to challenge successfully

[Alex1605]

I have a copy of the will, not the trust deed. She did have a letter of wishes, the solicitors have told me that and also told me in the email that it is "guidance" only. I thought the tone of the email was a little "undertone" threatening, more as to say....keep questioning and you'll get nothing. Yes the will was done by a solicitor the day before she died. The trustees are my mother's brother and 2 directors of the solicitors form she used. Thank you

[Alex1605]

I am currently living in Mums house, which is part of the estate in trust. Do I have any rights to stay here or could I be removed?

[des8]

If you have a beneficial interest in the property you may be able to register that with land Registry to prevent the sale of the house by the trustees.

I would suggest you seek professional advice (although there is quite a good explanation about it here: https://england.shelter.org.uk/profe...the_sole_owner

see if you can obtain an initial fixed fee (or even free) consultation with a solicitor to see what your options are