Trust never executed

NicolaElize

Hi there, after a bit of advice really. My father in law recently passed away and has left an incredibly confused estate behind. The will is very clear, everything is to be sold and divided 3 ways between husband, his half brother and living grandchild. Estate consists of a modest amount of cash, a house which he didn't live in, a recently matured endowment policy and a pension (although his only house has tenants with a lifetime interest sadly so that is not able to be sold until they die - presumably)

We've had a look through his paperwork and found some paperwork which makes out that an endowment policy and his pension should have been put in trust for my husband as part of his divorce agreement from his mum (my husband is the first born and only child from his first marriage so out of his 3 divorces this one came first) - anyway there's a letter from his solicitor some 20 years ago saying that he was concerned this matter had never been completed and that he should contact him to proceed. Obviously the answer is to check with the solicitor but I'm impatient and my question is would the divorce agreement stand over the life assurance and the pension even if he never actually put them in trust to my husband?

We are not being greedy or trying to do anyone out of any money but my husbands half brother has had a private education he never had and just 2 months ago, his second ex wife (the half brothers mum) took him to court and extracted 135k of his £170k he had left to live off forever, to send him to university. This was based on the fact they thought he had hidden money (he was once upon a time very wealthy but has lost it through divorces, poor choices and sadly serious alcoholism) and that she had paperwork which showed these two things were in trust for my husband. However the evidence we have is very evasive and we have nothing signed and sealed to confirm this as the papers weren't signed or completed and any recent paperwork for both these policy's has absolutely no mention of them being in trust.

Anyway I've gone on too long now.

Any advice welcome! Thanks in advance

TBagpuss

Who is the executor to the will? In the first instance, the executor should contac tthe pension comapny and endowment company, enclose a copy of the court order and ask them to confirm that the trust arrangements were set up.

If not, then the executors may be entitled to enforce the original court order.

s the grandchild still a minor? If not, then it may be possible to deal with it by agreement wbetween the three beneficiaries. If not, and if the order was not implemented, then they will probably need a court to hget involved as the minor beneficiary can't consent to a deeed of variation which would leave him worse off.

Yorkshireman99

NicolaElize wrote: »

Hi there, after a bit of advice really. My father in law recently passed away and has left an incredibly confused estate behind. The will is very clear, everything is to be sold and divided 3 ways between husband, his half brother and living grandchild. Estate consists of a modest amount of cash, a house which he didn't live in, a recently matured endowment policy and a pension (although his only house has tenants with a lifetime interest sadly so that is not able to be sold until they die - presumably)

We've had a look through his paperwork and found some paperwork which makes out that an endowment policy and his pension should have been put in trust for my husband as part of his divorce agreement from his mum (my husband is the first born and only child from his first marriage so out of his 3 divorces this one came first) - anyway there's a letter from his solicitor some 20 years ago saying that he was concerned this matter had never been completed and that he should contact him to proceed. Obviously the answer is to check with the solicitor but I'm impatient and my question is would the divorce agreement stand over the life assurance and the pension even if he never actually put them in trust to my husband?

We are not being greedy or trying to do anyone out of any money but my husbands half brother has had a private education he never had and just 2 months ago, his second ex wife (the half brothers mum) took him to court and extracted 135k of his £170k he had left to live off forever, to send him to university. This was based on the fact they thought he had hidden money (he was once upon a time very wealthy but has lost it through divorces, poor choices and sadly serious alcoholism) and that she had paperwork which showed these two things were in trust for my husband. However the evidence we have is very evasive and we have nothing signed and sealed to confirm this as the papers weren't signed or completed and any recent paperwork for both these policy's has absolutely no mention of them being in trust.

Anyway I've gone on too long now.

Any advice welcome! Thanks in advance

With the best will in the world nobody on here is going to be able to give more than basic advice. You really need paid for professional advice to unscramble things. Who is/are the executor(s)?

NicolaElize

TBagpuss wrote: »

Who is the executor to the will? In the first instance, the executor should contac tthe pension comapny and endowment company, enclose a copy of the court order and ask them to confirm that the trust arrangements were set up.

If not, then the executors may be entitled to enforce the original court order.

s the grandchild still a minor? If not, then it may be possible to deal with it by agreement wbetween the three beneficiaries. If not, and if the order was not implemented, then they will probably need a court to hget involved as the minor beneficiary can't consent to a deeed of variation which would leave him worse off.

The grandchild is our 6 month old son.

I very much doubt the half brother would sign anything away, they're money grabbing monsters completely estranged from the family, his dad was only ever a meal ticket.

I understand we have a lot of digging to do and certainly it will be an expensive and long road. But you've said the bit that I wanted to hear, that the original court order may at least potentially be enforceable. It could very realistically be argued that his brain wasn't all there even 20 years ago when he was supposed to sign the policy's into trust due to his alcoholism and severe depression even back then.

The executor is my husbands uncle, also estranged.

Thanks for both of your replies I genuinely appreciate your time!

euronorris

If it is possible to speak amicably to the uncle about this, it is worthwhile asking him to ask the pension and endowment providers if an expression of wish form/letter (this is regarding beneficiaries) was ever submitted to them, and if so, what those wishes were.


This is a hugely complex area, especially for the providers, as they will be looking to clarify themselves exactly where the money should be paid. As part of that process they will likely ask for a copy of the will, probate order and any divorce orders. Good luck though, as this is going to be a headache, even for the professionals.

SeniorSam

Good advise has been given, but just a little more which may help. The Pension funds would have been in a Trust already, as pension funds are held that way. However, the Pension company need to have had or seen the court order from the divorce.

As TBagpuss rightly mentioned, this is the first call for the executors and the pension company will only deal with executors and not just bebeficiaries.

Ultimatly, the share due to the grandchild will need to be held in Trust until he is of age.

Sam

konark

You need a solicitor.