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Trustees refusing me access to paerwork

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  • Trustees refusing me access to paerwork

    I am a beneficiary of a discretionary trust fund.

    My mum passed away last year.

    She wrote me a letter to state I was to receive a monthly allowance from a discretionary trust fund.

    The trustees are refusing me point blank any paperwork in relation to this fund, and won't allow me access either.

    Can anyone give me any advice?
    Tags: None

  • #2
    Beneficiaries of a discretionary trust have a limited right to disclosure. They have a fundamental right to ensure the trust is administered properly. This means in accordance with both the law and the terms of the trust deed. However, this does not mean they have an automatic right to the information they request.

    Generally, the beneficiaries are entitled to see the Trust documents, which include the Trust Deed, trust tax returns and balance sheets, and copies of minutes of trustee meetings where the trustees decide to make distributions, and to whom

    Disclosure is subject to any term in the Trust Deed that prevents a document or certain information being disclosed. If a beneficiary seeks disclosure of information and the trustees do not comply, an application could be made to court to order disclosure.

    You will probably need professional legal advice to take this forward, but a start will be by obtaining a copy of your mother's will.
    If you haven't a copy, you can obtain one here: Search probate records for documents and wills (England and Wales) - GOV.UK (www.gov.uk)

    Did you ask about this some months ago? I recall a similar situation, but cannot locate it now.

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