Trust Deed and Inheritance advice please

littlebranshill

My husband's Uncle Ted left his estate to his daughter to be held in trust for her as she is educationally sub-normal. On her death the trust was to be wound up and left to my husband. Unfortunately my husband has died. Can someone tell me when the daughter dies does the money that was going to be left to my husband goes back into her estate or whether the monies will pass down in accordance with the wishes of my husband's Will. If the former would the monies go to Uncle Ted's eldest brother (his wife is dead and there are no other children). Thanks

Your_Hero

Sorry to hear about your loss.

You have to see what the trust deed says and it depends on the type of trust it is. Who are the trustees? Speak to them to find out.

It sounds like a life-interest trust. Was your late husband the sole beneficiary? If this is indeed the case, then upon her death, the proceeds will go to you.

littlebranshill

I am a trustee together with my mother-in-law and step daughter. It is a life interest trust. On her death the monies were to go to my late husband solely.
I was told by someone in a solicitors office that on her death the monies would revert into her estate and not pass through Colin and the conditions of his Will. This is a worry to the other trustees as Uncle Ted's brother is a very unsavoury character!
Yes my hubby was the sole beneficiary.
Thank you for your help.

Steb

Hi there
Never been on a forum before, so not sure if I'm in the right place?
I need some advice about a will my grandmother left 4 1/2 years ago!
There is a large dispute between her 3 children, of the money and property left behind. My uncle has put a caviat on it and will not remove it.
Myself and my brother were left some money also, we have no dispute but do not seem to be recieving the inheritance, or any information!?
My Aunt is in control and as we are not communicating due to private matters, we are at a dead end.
Could any1 help? Are we entitled to out inheritance or are we gonna be waiting another 4 years?
Many thanks

TBagpuss

it would be better if you start your own thread, rather than commenting on someone else's.
That way, you can pick a titled which says somethign about your issue, and the answers to you and the previous poster won't get mixed up.

TBagpuss

LittleBransHill, what happens will depend on the wording and nature of the trust. However, if it is a life trust and there are no other provisions saying something different, then yes, your husband's interest becomes part of his estate, and will pass to you if you are his residuary beneficiary.

I would however recommend that you do check with a solicitor who is a member of STEP and get them to look at the relevant will and trust deed, to be certain.

RickyC_IFSWP

littlebranshill wrote: »

I am a trustee together with my mother-in-law and step daughter. It is a life interest trust. On her death the monies were to go to my late husband solely.
I was told by someone in a solicitors office that on her death the monies would revert into her estate and not pass through Colin and the conditions of his Will. This is a worry to the other trustees as Uncle Ted's brother is a very unsavoury character!
Yes my hubby was the sole beneficiary.
Thank you for your help.

Well if it's a life interest trust, then uncle Ted's daughter should typically be only entitled to the income. On her death, the capital is part of the trust and will go to the beneficiary (your late husband) on the daughter's death. Hence it would depend on your late husband's Will to see who now benefits from the assets of the trust.

I don't see how the capital would constitute part of the now deceased daughter's estate.

Steb

Sorry, I'll try and figure that out. Thank you

littlebranshill

Have found a local solicitor who is a member of STEPS but they want £125 plus VAT for a fixed fee interview. This seems a lot of money to answer a simple question. I thought fixed fee interviews were cheaper!

RickyC_IFSWP

I guess that's the price you have to pay for peace of mind and expertise.

Mojisola

littlebranshill wrote: »

My husband's Uncle Ted left his estate to his daughter to be held in trust for her as she is educationally sub-normal.

On her death the trust was to be wound up and left to my husband. Unfortunately my husband has died.

Can someone tell me when the daughter dies does the money that was going to be left to my husband goes back into her estate or whether the monies will pass down in accordance with the wishes of my husband's Will.

It wouldn't go into her estate because the money was never hers.

I'm not sure that it could be inherited by your husband (and divided according to to his will) because he has predeceased her. His estate is what he has at his death and this money wasn't his until after his cousin's death.

I think it would either go down his blood line (are there are children?) or go back into Uncle Ted's estate to be distributed according to his plans for the residue of his estate.

Please come back and tell us what answer you get from the experts.