Will advice - daughter

[George74]

Hi there

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 out to be with a new partner about six months after the improvements were completed, to which he 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 which has been booked out every week since she started letting it a year ago. 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 could be going into her pocket and not my daughters. My daughter wants to go to university in a few years so is there anything i can do her to make sure / check that the money is being saved for her, or should i just stay out of it? I dont want my daughter losing out and on past experience her mum is not particularly nice so wouldnt put this past 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 like this.

Thank you in advance.

[atticus]

In the first place, you need to ask the lady.

[George74]

Sorry don't understand. Do you mean my daughter or her mum and what am I asking?

[atticus]

Have you asked your ex your questions about what she is doing and how she is safeguarding your daughter's inheritance?

[George74]

No I have not. She does not communicate with me and I would not get a response if I did. Do you think I should still ask her the question? If I dont get a response what would be my next step? Many thanks.

[atticus]

Sometimes it is important to be able to show that you have written but received no reply. At the moment you have suspicions, but it appears no basis to say whether they are well founded.

I am assuming that you have parental responsibility for your daughter and that you are entitled to make enquiries for the purpose of looking after her interests.

[George74]

Yes my daughter lives with me half the time and has done for the previous ten years or so. I am wanting to protect her interests for her future. You are right I have suspicions but no evidence to say either way. So I will write to my daughter's mum as advised, but assuming I receive no reply what should my next steps be? Thank you.

[atticus]

You could look at Land Registry to see what is said in the proprietorship register of the title document for the property.

A beneficiary (such as your daughter - or you on her behalf) can ask a trustee (in case your ex wife) for an account of dealings with trust property. If need be, you can go to court seeking an order that an account be provided.

[George74]

Thank you for your advice here. So if it is all above board then I should expect to see my daughter's name and other grandchildren on the land registry and not my ex partners?

[atticus]

Not necessarily. Let's start by seeing what there is.

[George74]

ok thanks ill do this and report back then - very much appreciated.

[George74]

Hi there

Apologies for the delay in responding to this. So I have now got a copy of the land registry title deeds for the property and it says it was registered solely in my ex partner's (daughters mum) name around 17 months ago.

Does this sound all okay if the mum was putting the rental proceeds into a trust fund for my daughter and her dads other grand children? Is there something i should do now to check this? I just dont trust my ex partner to do the right thing im afraid and i dont want my daughter to lose out or her Grandad's wishes not to be followed.

[atticus]

Are there any restrictions entered in the Land Registry document?

[George74]

Im not quite sure what im looking for but in the Proprietorship section there is 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.

Is that helpful?

[George74]

My other question is if the will stated that the property is to be left to the grandchildren then can his daughter (my daughter's mother) register the property in her name? Thank you.