Testamentary (Will) Trust advice

[Granville]

Hi I'm looking some advice on a Testamentary (Will) trust which has been in action for 25+ years.

[des8]

So ..............

[Granville]

A mother died and left her house in a will trust for five daughters. A stipulation was that one daughter who was unmarried be allowed to remain in the property and had to pay all the outgoings until she married, then the property be sold and proceeds divided between five daughters. The trust doesn't mention rent and the occupying daughter never paid any but did pay all outgoings. The daughter never married and remained there for 30+ years however she is now permanent in a care home and the property is empty. My questions are 1) can rent be backdated to the Trust from the daughter and if so for how long? 2) as the sister has never married is the property allowed to be sold? 3) is the former occupying daughter still entitled to a fifth share bearing in mind she never married and lived there rent free for 30+ years?

[des8]

It is always problematic commenting on the intention of a will when one only has the brief details published in a forum.

keeping that caveat in mind IMO:
1) if nothing was said to the contrary the intention was that she live there rent free until married.
Never married so rent can't now be charged
2)has the sister now in a care home capacity? if so will she agree to selling the property?
3) if the will has not been varied she will be entitled to her share as set out in the will.
Although the others have had to wait for their legacy, they will profit from its increased value, which has been obtained by her maintenance.

A brief fixed price consultation with a solicitor might give you an insight into your options