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Stuart J
Stuart J, Solicitor
Category: UK Family Law
Satisfied Customers: 20069
Experience:  PGD Law. 20 years legal profession, 6 as partner in High Street practice
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I am a sole beneficieary of a life trust 2 trustees my brother

Customer Question

I am a sole beneficieary of a life trust 2 trustees my brother and family solicitor. My brother and I do not have a very good relationship and he is being difficult what are my rights? Is there any way to get the trust dissolved? Brother is behaving in a prejudiced way towards me not objective - What can I do?
Submitted: 1 year ago.
Category: UK Family Law
Expert:  Stuart J replied 1 year ago.
Hello, I am Law Denning and I am a practising solicitor in a High Street practice. I have been an expert on this website in UK law since 2008. During that time, as you appreciate, I have answered thousands of questions from satisfied users on a variety of subjects. Because we are all in practice with clients and court and other users, I might not always respond in minutes, particularly evenings and weekends. Please bear with me in that case

It is my pleasure to try and assist you with this today. Please bear with me
while I gather some further information from you in order for me to be able to
advise you fully.

Unless I have all the facts that I need, my answer would not be accurate.

Do you have a specific question?
Customer: replied 1 year ago.
What are my rights as sole beneficiery not my brother is prejudiced against me and is not objective to be able to respond for the best of my interests/ or benefit What can I do to challenge the trust Can I get the trust dissolved
Expert:  Stuart J replied 1 year ago.
Can I have details of the trust and full background please?
Customer: replied 1 year ago.
the trust is a life trust set up according to my fathers will- written in 2007 - who past away in dec 31 2012 my inheritance is in the trust as liquid and the will states an income must come to me from investment either in property or other options and if i need capital with out hesitation it should be given though it is also at the trustees discretion I can email a copy of the will if you wish there is a letter of wishes though i have not seen it and the solicitor said she had not seen it (would that be the case?) I have a large debt which i want paying my brother is refusing the solicitor is suppose to be impartial objective so when i met with her she said i this should not be hanging over my head so i believed her to be impartial but then she had a phone conference with my bro after that she said the trust wold not pay yet she had not heard my side and she said she should hear my side surely before making any decision so i now feel she is not objective and not acting for my interests
Expert:  Stuart J replied 1 year ago.
So are you the only beneficiary in the will or only beneficiary under this will trust?

Is this alife interest? What happens to assets after yr life interest? I do need full details of the trust please.

A copy of the will would assist if you could attach please
Stuart J, Solicitor
Category: UK Family Law
Satisfied Customers: 20069
Experience: PGD Law. 20 years legal profession, 6 as partner in High Street practice
Stuart J and 3 other UK Family Law Specialists are ready to help you
Customer: replied 1 year ago.
I am the sole beneficiary. This is a life trust if that answers your 2nd question If I have any children assets will go to them after my death I have no children and will not have any due to my age now, so assets will then pass to my brothers children. Do you have a seperate email add as i do not know how to attach the pdf from my computer to this website i am on.
Expert:  Stuart J replied 1 year ago.
If this is life interest and it comes to an end, it reverts to the remaindermen and you get nothing.

You dont want to bring the trust to an end, you want to compel the trustees to let you have whatever you are entitled to under the will.

Send the will copy to me at UK law,XXX@XXXXXX.XXX

It can take 24hrs to arrive as it is fwd manually


Customer: replied 1 year ago.
Thank you i will email a copy of the will to you please let me know what i can do after seeing the will.
Expert:  Stuart J replied 1 year ago.
Thanks. if I dont get back to you by this time tomorrow, chase me or send again
Customer: replied 1 year ago.
ok than you I appreciate your honest replies have a good rest of your saturday
Expert:  Stuart J replied 1 year ago.
no rest for the wicked.
I am actually on holiday but still answering every day. We lawyers never sleep!
Customer: replied 1 year ago.
is this the email addressXXX@XXXXXX.XXX am having a problem sending email
Expert:  Stuart J replied 1 year ago.
we cant have contact outside the site, sorry
Customer: replied 1 year ago.
ok how do you go about compelling the trustees to give what is due to me
Expert:  Stuart J replied 1 year ago.
I need the exact wording of the bequest please.
Customer: replied 1 year ago.
ok I'm going to type some of it it will take a bit of time but will get it over to you today
Expert:  Stuart J replied 1 year ago.
I have the will but I have a couple of will questions and need to make sure that I have the right one. Are you caroline and yr brother is james?
If that is the yrs why is it writen in such a convoluted and extremely odd way?
Customer: replied 1 year ago.

yes i'm caroline. I don't know that its written in an odd way as I dont understand the termonolgy. I do need help to understand it

Expert:  Stuart J replied 1 year ago.

Thanks. One of the reasons you cant understand it is that it is indeed odd.

There appears to be a hidden agenda or agendas.

It appears that yr father didn’t think you could manage money. Is that the case?

Look at it a bit at a time.

2 Appoints James and Sols as Execs.

3.1 Gives James £120k which

3.2 he is to spend within 2 years on something in accordance with another document (letter of wishes) .

It is done that way so that no-one knows how he has told James how to spend it. He cannot force James to spend it that way but James does know what his father wanted to happen with that £120k. A “secret” purpose in effect.

We have no way of knowing what that letter of wishes is or if he spent the money in accordance with that letter.

You might know.

The foregoing is most odd.

If he doesn’t spend it on that secret letter of wishes purpose it goes into residue, 3.3 and is dealt with in accordance with residueclauses, 4a and 4b.

Residue (everything else) is split 60 James and 40 Caroline.

James gets his dosh now.

You get a life income from yours BUT the trustees have the power to let you have it all incuding capital , at their discretion 4ib , “to the extent of exhausting it”. BUT it is up to the trustees. So you get the income under the trust but only get capital if trustees agree.

There are provisions what happens if either of you die but as you haven’t, ignore that. Ignore everything from 5 onwards. That is legal waffle.

So, what to do.

Under the rule in Saunders v Vautier (Google it for lots of reading) if all trustees are mentally capable and over 18 the trust can be brought to an end. There is only one trust created with one beneficiary (you) because James’ money isn’t on trust.

There is another hidden issue is that the solicitors will be charging 3180 per hour plus vat for administering yr income! That soon adds up. Clause 5x (last clause on last page before signatures)

I would get a solicitor who specialises in probate matters to write to the trustees saying that under the rule in Saunders v Vautier you wish to bring the trust created in the will to an end and receive capital

Does that answer the question?

Can I help further?

Please don't forget to positively rate my answer service (even if it was not what you want to hear).
If you don't rate it positively, then the site keep your deposit and I get 0 for my time. It is imperative that you give my answer a positive rating. I
t doesn’t give me, “a pat on the head”, “good boy” (like ebay), it is my livelihood!
If in ratings you feel that you expected more or it only helped a little, please ask.

I am offline shortly until later today and will pick this up then

Customer: replied 1 year ago.

Hi I have rated you excellent Yes in the past my father was concerned about me managing money I had some inheritance in the past and spent it all - though before my father became very ill (he never lost his mind all there) he had parkinsons he and I had many conversations about our lives he forgave me for my mystakes and said in his heart he would like me to have the money and get on with moving forward living my life. Unfortunatley it was not written down


The £120,000 is to be split between my half brother & sister I always knew about this.


Am i entitled to see letter of wishes


wow that is alot of money to charge


I will look up that case Thank you you are very helpful and on holiday - thats dedication. Thank you will be in touch.


 


 

Expert:  Stuart J replied 1 year ago.
Glad to assist.
The idea of the letter of wishes is that remains private, sorry.
However, there is no reason why those provisions couldnt be in the will although they do become public once the will is admitted to probate.
Regards
Customer: replied 1 year ago.

so if probate is complete then the letter can become public is that right

Expert:  Stuart J replied 1 year ago.
Nope. That is the reaon it is done as letter of wishes and not in the will. The will becomes public, the letter doesnt.
Only a court order for wahatever potential action can make them disclose it
Customer: replied 1 year ago.

as a beneficiary and that he's my father do i have a right to see the letter of wishes

Expert:  Stuart J replied 1 year ago.
Sorry, no. Beneficiaries dont even have the right to ask execs to disclose the will bizzarre tho that might seem.
By all means ask as I always tell execs that there is nothing to be gained by being secretive.
If they dont, you are in same position as everyone else.
L
Customer: replied 1 year ago.

thank you for your help. Is there any thing else I can do? I will talk to a specialist tomorrow - is there any one you can recommend?

Expert:  Stuart J replied 1 year ago.
I cant think of anything at this stage.
We are not supposed to suggest people. Where do u live on the off chance I know someone?
Customer: replied 1 year ago.

ok i'm staying in buckinghamshire also near london

Expert:  Stuart J replied 1 year ago.
Dont know anyone down there sorry. Do avoid London firms as they do charge through the nose and do get a clear fixed estimate of costs in writing before stumbling blindly on. The solicitor does have to provide costs info but do set a ceiling in writing
Customer: replied 1 year ago.

what about gloucestershire which is where i intend to live

Expert:  Stuart J replied 1 year ago.

My best friend who i am on holiday with him and his famlily live in Gloucs and I asked him but no firm springs to mind.
you can search by location and specialism all sols in the country at www.lawsociety.org.uk

Customer: replied 1 year ago.

ok thank you enjoy your holiday

Expert:  Stuart J replied 1 year ago.
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Customer: replied 1 year ago.

Hi I'm bothering you again - do think I stand a good chance of getting the trust either closed according to the case you mentioned

Expert:  Stuart J replied 1 year ago.
I am not at my PC at the moment but will get back to you asap.
Expert:  Stuart J replied 1 year ago.
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Customer: replied 1 year ago.

thank you for this what is involved in the process

Expert:  Stuart J replied 1 year ago.
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