Trustees and property-can you help my mum?

cazzicat

Hi, it is held in trust until the minors reach 21. One of them, my mum's grandchild will be 21 early in 2016.

macca1974

I would again suggest legal advice is the only way forward here. Although if your mother is in decent health, then it shouldn't be an issue for a while at least.

Just as a thought (and please be aware I know NOTHING about the rules of the land registry), could your mother gift or sell you 1% of her half of the property? Would this then not get your name onto the land registry and mean that in the event of your mothers death (hopefully in many years time) and mean that your consent was required to sell?

But again, get legal advice.

xylophone

Hi, it is held in trust until the minors reach 21.

"Beneficiaries" rather than minors - as previously stated, they cease being minors at 18 (or 16)

The exact wording of the Deed will be important here - does the trust run until all beneficiaries reach 21?

Or is each beneficiary absolutely entitled when he turns 21? Or is a beneficiary entitled only if he reaches the age of 21?

Only specific legal advice can answer these questions and those concerning protecting your mother's estate - encourage your mother to obtain it and to require the solicitor acting for the partner's estate to deal with her solicitor?

xylophone

You say that your mother is on a "basic state pension" - is she entitled to pension credit?

Have you clarified the wording of the Trust Deed? This does seem very important and if you cannot interpret it, legal advice is required? Perhaps you/other family members could help with the cost/

Your mother is in a good position to insist to the solicitor of her partner's estate that before any transfer, a restriction must be registered on the title to protect the heirs of her estate?