can trustees change a will HELP needed

ortho

Hi, i hope i have put this in the right place if not please advise where to put it.

Ok here goes my husbands mum died a year ago and he was sole beneficiary.
His mum gave half to him now which he has already had and the other half in 12 years time, this later half was to be vested for him by the trustee's, with a clause that he could take the money before that time at their discression, also it can be used for his maintanace,benefit or education. He has since asked his uncle who is the trustee if he would release some of the money as he is unable to work due to his MS and his uncle said no, upon this his uncle sent us the details as to where he has locked the money into, this is what i need help with now as his uncle has invested it into a discretionary trust? can he do this if my husband is sole beneficiary?
Any help would really be good as i am not sure if he can just change the will to a discretionary one.
many thanks ortho.

McKneff

how many trustees are there, surely uncle isn't the only one

olly300

You post states there is a clause in the will that means the trustee can distribute money to the beneficiary your husband at the trustee's discretion. The trustee has decided against this so unless you want to make lawyers rich fighting this you should let it go.

The trustee has given you details of where the money is held so I suggest you look into it a bit more. It's however likely the trustee has decided against giving your husband the money this because he has invested the money in something that is long term and if the money is withdrawn now lots of it will be lost. This means in your husband can sue the trustee for not carrying out their legal duties properly.

Also if your husband has MS his condition will get worse and you will need the money later as well. I suggest instead of having a go at the uncle you keep him informed on your husband's progress as you are more likely to given the money if he gets worse.

ortho

anniehanlon wrote: »

how many trustees are there, surely uncle isn't the only one

There are 2 trustees his uncle and aunt(husband and wife).

ortho

olly300 wrote: »

You post states there is a clause in the will that means the trustee can distribute money to the beneficiary your husband at the trustee's discretion. The trustee has decided against this so unless you want to make lawyers rich fighting this you should let it go.

The trustee has given you details of where the money is held so I suggest you look into it a bit more. It's however likely the trustee has decided against giving your husband the money this because he has invested the money in something that is long term and if the money is withdrawn now lots of it will be lost. This means in your husband can sue the trustee for not carrying out their legal duties properly.

Also if your husband has MS his condition will get worse and you will need the money later as well. I suggest instead of having a go at the uncle you keep him informed on your husband's progress as you are more likely to given the money if he gets worse.

i understand what you are saying but surely you cannot change the terms of a will from sole benificary to a discretionary one?
Or am i wrong in thinking you can just alter anyones will?

ortho

ortho wrote: »

i understand what you are saying but surely you cannot change the terms of a will from sole benificary to a discretionary one?
Or am i wrong in thinking you can just alter anyones will?

also i should add we had to ask where the money was as we did not no we have had no contact from them for 11 months.

jimmo

I am absolutely no expert on trusts but I fear you have got the basic thinking wrong.
If his mum left half of her estate to be paid to your husband in 12 years time then it is her will that has established the “Discretionary Trust”.
Under the terms of his mother’s will I think that his uncle and aunt are doing exactly the right thing with the possible exception that if your husband actually needs the cash now because of his MS then his uncle and aunt, as trustees, may have discretion to release the funds to him but it really is “at their discretion”.
His uncle and aunt are not changing the will, they are complying with it to the letter.
Two things strike me.
1) Do the uncle and aunt understand their right to make a judgement under the terms of the Discretionary Trust and release the funds to your husband?
2) Why did your Mother-in-law put this into her will in the first place?
Somehow there seems to have been some sort of fear in your mother-in-law’s mind that if your husband had got his whole inheritance when she died your husband may have wasted the lot pretty quickly. If his mother was trying to protect your husband from himself then his uncle and aunt are really complying with her intentions.