Wills and Trusts

[typical007]

My mother passed away and my step father has withheld from me that I am an executor, he has made all decisions and excluded me from all. He has distributed money to a variety of sources and not kept me informed of the accounts. Further my mother named myself, step father and step brother as beneficiaries of the trust the house has ben put in. My step father tells me he has now made a new will and his son will be given money first. I am unsure what I can do or if I am now legal left nothing?

[PallasAthena]

Sorry to hear about your loss. How long ago did your mother pass away? Have you actually seen the Will? How do you know you are the named Executor in it?

I am assuming your mother died in England.

I recommend you do two things first to check what has been officially registered in relation to the Will and the house ownership.

(1) Find out if Probate has been granted and if so download a copy of the Will that has been used to get Probate. It will only cost you just over £1 to get the download and you don't need to set up an account. Search probate records for documents and wills (England and Wales) - GOV.UK (www.gov.uk)

(2) Download a copy of the 'ownership deeds' - the official registered title - for the house from the Land Registry. That will tell you if your stepfather has re-registered the house in his name, although he shouldn't have been able to do that unless he has been granted Probate. The document you need is the "Title register" (you don't need the Title plan). It costs £3 to download. Before you can download the register you will need to set up a (free) Land Registry account. Search for land and property information - GOV.UK (www.gov.uk)

Then come back and let us know what they say.

[Pezza54]

Hi
when you obtain a copy of the will it would be helpful if you could post the clauses regarding the will trust with names and addresses redacted
There are several types of trust and one in particular that lets beneficiaries receive any trust income

[typical007]

Thank you, I have a copy of the will. I am a named executor. I also have a copy of the trust document there is a solicitor also named as a trustee along with my step father.

The deed is registered as a trust they did this before my mother passed. The solicitors as a trustee have restricions on the property and I have set up an alert on the property as well.


The trustees look like they can do what ever they like Because of the trust there will be no probate. The only reason I was given the will is because I went and directly asked for it. Communication is only forthcoming if I persistently ask. There has been a lot of avoidance tactics and communication via a 3rd party.

Not sure which part you have asked to see about the trust but is does say the trustees hold the property on trust for the benefit of any beneficiaries on such terms as the trustees think fit. From what I am reading the trustees can do what ever they like.

[Pezza54]

The solicitor was named a trustee with your stepfather to ensure there is no conflict of interest as your stepfather is a trustee and beneficiary.
Trustees should act in the interest of the trust beneficiaries and protect the assets in the trust.
Do you know what are the restrictions the solicitor has placed on the property?
If the share for each trust beneficiary is not stated in the will, a court will assume it is equal shares.
Did your mother leave you anything else in her will?
Who were the other executors named in the will?

[typical007]

It looks like standard restrictions for a trust on the property. I know trustees should act in best interests, but I am not sure this will be done. It says online about a document of wishes - but I cannot find this is this something that should have been made at the time of my mothers will? My mother did not have much just the house. The other executor was my step brother also a beneficiary. A court will assume legal shares but then I will have to go to court which could cost thousands. I think it looks like a discretionary trust from what I have seen online.

[Pezza54]

You should write to the solicitor to point out you are a trust beneficiary and in their capacity as a trustee you expect them to act in your best interest
You could also ask the solicitor what are the trustees intentions with regards to your late mother's property
In my opinion the solicitor will carry out his legal duty as trustee and will not risk a possible court claim
It sounds as if what little savings your mother had, they have now passed to your stepfather and he is free to do whatever he wants with his money

[Pezza54]

A letter of wishes written by the testator are guidance notes for the trustees to follow in the administration of the trust. As your mother may have written such a letter you should ask the solicitor if there is one.
Trustees of a discretionary trust can decide when and how much a beneficiary in the trust benefits from the trust fund. Fortunately your mother had the wherewithal to appoint a solicitor as a trustee alongside your stepfather

[kara gold]

Reading this people who are marrying for the second time, must realize dishonest people will target naive and honest people. The law should change like in France, your children must inherit. Protect your children, if you let money go out of your bloodline, you may be born into the same family again with no money. Money gained by dishonesty is cursed and the people will not be happy. Karma will sort them out. You can only take your dignity when you leave this planet that you did no wrong. Be aware of the golddiggers.