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Ask Clare Your Own Question
Clare, Solicitor
Category: UK Law
Satisfied Customers: 33681
Experience:  family solictor with 25 years experience
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My mum has entered into a dec of trust with her boyfriend

Customer Question

My mum has entered into a dec of trust with her boyfriend with a house he owns which is rented out. Her Will means he will get her house on her death (she is 25 yrs older than him and in ill health) which they have lived in for 20 years. The DoT has on her death having him selling his rented house and giving me and my 2 brothers a £20K each. I am uncomfortably with this arrangement. Can you see any issues with this?
Submitted: 1 year ago.
Category: UK Law
Expert:  Clare replied 1 year ago.
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
For clarity - the arrangement is simply that on your mother's death he pays you each £20,000 is that correct?
Customer: replied 1 year ago.
supposely from the sale of his rented house
Customer: replied 1 year ago.
Clare, Are you able to provide a response
Customer: replied 1 year ago.
Why did you not answer my original question?
Expert:  Clare replied 1 year ago.
My apologies I have been offline for a while
This is a strange way of dealing with the matter
It would be better if she left you each £20,000 and left the balance to him, then it is up to him how he pays you both.
However if they do not wish to change the arrangements you have no need to worry - you will not have to pay tax on the gift - but it is a very clumsy way of dealing with it
Please ask if you need further details