House in trust, new partner moved in with step Mother - UPDATE bottom pg 2 help?

DaftyDuck

I have been dealing with a house left in a Trust by my parents for me and my brother.

I think you should first approach your father's solicitor. You mention him briefly in #10. He will know the facts, and be able to describe to you in precise terms what the Trust is.

As far as I am aware, your step mum could not have been one of the Trustees, if she was a beneficiary of the Trust. (I am not a lawyer/solicitor, mind you ). He should also know what the terms of the will were, if there was one, as well.

The Trust (if it is anything like the one I have dealt with) seems to be able to stipulate more or less any terms, so it's possible your step-mum has a life interest (use of) the house, but it's yours on her death. It could be divided two ways (you and sis; stepmum) or three (you:sis;stepmum). It'd all be speculation, unless you find out what the terms were.

It is always possible there was no Trust actually set up. It certainly looks, from the Title Register, as if your step mother is currently the sole and single holder of the house, along with the Bank, presumably for a mortgage.

One reason why I think you should be very, very careful as to what she is up to comes from personal experience. Dear to me though my brother is, he was busily trying to sell off the house at massively reduced rate to a property speculator, who was going to split the proceeds of the development with him at a later (private) date without my knowledge. If it hadn't been for my eagle-eyed solicitor doing some (unasked-for) background checking, I'd have taken less than 1/3 of what I am getting, and been happy. Bro saw nothing wrong in what he was doing as he "needed the money more than (I) did".

Contact the solicitor. Find out if there was a will, find out if there was a Trust, and who the Trustees were. (It may be obvious who they were - father's best friend..?). Even if no will was registered, there may actually be one.

I understand not wishing to cause ill-feeling with your step mother, and doing it this way may sort it out clearly. It's possible there very clearly was no Trust, and everything was left to her correctly in tha will (or by there being no will); it sounds like you are a generous spirited person, and this won't leave you upset - so best not upset stepmum in trying to find this out.

Good luck.

zzzLazyDaisy

OP, how do your know there was a will, or that half the house was put into trust for you? Did you ever see a will?

I ask because it seems from what you say, that the house was held in the joint names of your father and step-mother, as joint tenants.

Why do I say that?

Because the law requires probate if the estate includes land (ie a house). This is the case whether there is a will, or whether it is an intestate estate. So if the house had been in joint names as tenants in common, with a restriction or trust registered at the land registry, his half of the house would have become part of the estate, and she would have had to get probate to have the house put into her sole name.

Since it appears that she has had the house transferred to her sole name, without the need for probate, this suggests that it was in joint names and she was the sole survivor of the joint owners.

If that is the case - even if there was a will leaving 'his half' to you, it would have been invalid because a house jointly owned as joint tenants never becomes part of the estate - both owners own the whole house and one owner cannot say what will happen to his share on death, ad it automatically goes to the surviving joint owner.

I am wondering if what the step-mother meant was that she has made a will leaving your father's 'half' to you and your sister (ie she is holding his 'half' of the house in trust for you and your sister). As someone else has said, people often use the words 'in trust' when they don't understand the legal significance of the term.

Dx

daska

DaftyDuck wrote: »

As far as I am aware, your step mum could not have been one of the Trustees, if she was a beneficiary of the Trust. (I am not a lawyer/solicitor, mind you ). He should also know what the terms of the will were, if there was one, as well.

If that's the case there's a very reputable firm of solicitors who have been paid a lot of money to get it wrong LOL. I'm a trustee and potential beneficiary for the Trust set up to hold my mother's estate along with my father and sister.

madbadrob

daska wrote: »

If that's the case there's a very reputable firm of solicitors who have been paid a lot of money to get it wrong LOL. I'm a trustee and potential beneficiary for the Trust set up to hold my mother's estate along with my father and sister.

Relationship with Settlor

It is important to remember that there is no legal necessity for the settlor, trustee and beneficiary to be different people or organisations. It is sometimes beneficial for an individual to establish a trust in which they are also the trustee and beneficiary; this is perfectly possible in English law. This can be particularly useful for tax purposes

this is from http://www.estatesortrusts.co.uk/what-are-trustees-and-beneficiaries.html

So yes under English law a trsutee can be a beneficiary