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Early Access to Inheritance (In Trust)

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Comments

  • YesWillMan
    YesWillMan Posts: 83 Forumite
    edited 7 May 2012 at 5:01PM
    Statutory powers I mentioned

    http://www.legislation.gov.uk/ukpga/Geo5/15-16/19/section/32

    But the father and his sister would probably have to give their permission for any advancement be given if it got that far.
    A copy of the will would be useful to give a full picture though.
  • Aegis
    Aegis Posts: 5,695 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    YesWillMan wrote: »
    Statutory powers I mentioned

    http://www.legislation.gov.uk/ukpga/Geo5/15-16/19/section/32

    But the father and his sister would probably have to give their permission for any advancement be given if it got that far.
    A copy of the will would be useful to give a full picture though.
    Oh, no doubt it would be fine if his father was the current life tenant and agreed to it, but he's already said that he doesn't want to speak to his father about this, so without that this is a non-starter.
    I am a Chartered Financial Planner
    Anything I say on the forum is for discussion purposes only and should not be construed as personal financial advice. It is vitally important to do your own research before acting on information gathered from any users on this forum.
  • RobertoMoir
    RobertoMoir Posts: 3,458 Forumite
    Part of the Furniture Combo Breaker
    jplaw wrote: »
    Hi Robert

    This is correct, it is due to people potentially claiming access to it who are not rightly entitled and my father being a bit 'blinkered' at the moment (for want of a better word).

    Based on my understanding then:

    As long as they're not touching the capital then - as much as it may be painful if you think your father is being ripped off - its not something you can do much about. The income is his to do with as he wishes.

    If there's any question of the capital being interfered with then yes, you need to speak to a solicitor - the precise issue of what to do next will be determined by what the terms of the trust are. Even if a solicitor who specialised in that area were viewing this post, I suspect they'd be unwilling to comment in a public forum and without a full understanding of the documents and details involved.
    If you don't stand for something, you'll fall for anything
  • jplaw
    jplaw Posts: 3 Newbie
    Cheers for all of the advice and guidance guys and girls.

    I'll ask for a copy of the trust deed and take it up with a solicitor. I don't mind what my dad does with the money he is entitled too, I'm more worried that other people in his life will try and stick their nose in and go for the capital at some point. A solicitor should be able to give me and my brothers some reassurance to whose rightfully entitled to it.

    This is much more about protecting my family and its assets than trying to deprive my dad and auntie of what they're rightfully due.
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