Where have I gone wrong?

imoldandgrumpy

Hello,

First post and not sure where to start. So apologies if this all seems disjointed, misworded and misspelt.

My father died a few years ago. He was on his 3rd wife at the time. The 3rd wife was given life tenancy of my fathers home, with the option should she want to move, the house could be sold and a new one purchased with the proceeds of the sale, any remainder would be added to the trust which is invested in a stocks and shares scheme. She also has to maintain the house and insure it. She wanted to sell up, but the deeds to the house had been lost and the house wasn't registered (dad had the deeds and there was no mortgage on it), she managed to get the solicitors handling the estate to get the house registered some fours years after dad died. I was involved after some time and I had to corresponded with two other solicitors to get things moving along to get it registered. I have found out that to do this she has stated (on Land Registry form ST3) that she has lived in the house since my father bought it. This isn't true. Both me and my father moved some 80 miles to this new place. Neither of us new anybody in the area at the time. I lived there for some six months with just my father and his dog and with my partner staying at the weekends. My father married this woman four years later after I moved out.

The house has now been sold and a new one purchased, which she has moved into. It was agreed between her and the solicitors, that as she was the one who wanted to move she would pay the removal costs. But she left some articles behind and the new owners charged £240.00 for a skip. She had told me that she would put anything she didn't want "in the skip". I believe she never hired a skip and this was a deliberate ploy to create costs for the trust, she's aggrieved that she didn't get anything from the will and has been trying to get the trust to pay to have the new house redecorated, which the original solicitors say they have not done. The solicitors paid up the £240.00 without the consent or knowledge of the new trustees. I've asked for them to repay it but they say they had no choice.

Whilst all this was going on, the solicitors who were also the trustees, offered to resign as trustees. This took forever to arrange. I had no choice but to agree to being one of the trustees along with my partner and her and one other person. This went through a few weeks before the house sale. I wasn't informed of the extra cost of a second skip, never the less they paid it out of the proceeds of the sale.

The solicitors asked me to open a trust account in the names of all four people. I have done this and all four need to sign to take any money out. I have passed the account details to them as requested. But now two of the new trustees have written to them and told them not to transfer the money to this new account. She has also cut off all contact with me and my partner. She is also entitled to the interest the trust receives. It was originally put to us that the residue would go back to the company that invested the money and where the working capital come from.

On the ST3 the wording is...
If you dishonestly enter information or make a statement that you know is, or might be, untrue or misleading, and intend by doing so to make a gain for yourself or another person, or to cause loss or the risk of loss to another person, you may commit the offence of fraud under section 1 of the Fraud Act 2006.

Sorry for the rambling on, but I believe that's the gist of things so far into this 6 year old muddle. I'm getting to the end of my tether with it all at the moment. Her consistent untruths and the solicitors keep on changing things, arranging meetings to talk over things then once I get there changing to something else, one particular meeting was a disaster.

I now wonder where I stand?
Where do I stand on the ST3, what are the repercussion?
Who should have paid the £240.00?
Where have I gone wrong?

I'm sure there are plenty of questions, so please ask and I'll try my best to answer them.

And thank you very much. for your time.

SeniorSam

First of all, it's just aswell the the solicitors have resigned as Trustees because over time they could be very expensive.

It is often 'normal' that interest on residual assets from the property sale after the purchase of a replacement home is paid to the spouse, however, if this is not clearly laid out in the Will, then she is not entitled. A simple matter of reviewing the original Will of your father.

Any changes whatsoever to the Trust must be agreed by ALL Trustees, not just two of them, so any action on the instructions of two is incorrect and any solicitor worth his salt would know that.

I doubt that the ownership of the house will have any bearingon matters other that perhaps having established an earlier date that your step mother occupied the house. The crutial date is the date that the Trust was set up for establishing the value of the property.

Any costs incurred by your step mother in her moving from one house to another is not covered by the Trust unless it specifically states that it is. If solicitors have taken it upon themselves to make a payment without the instructions of the Executors of the estate, then it is their responsibility. If the Trustees feel that this should not have been paid than they should request repayment and in default, make an official complaint against the solicitors practice. However, if the solicitors were the Trustees at the time, you probably have a lost cause and should write iot off.

I hope this helps you

Sam

TBagpuss

I am not quite clear about th skip - was this hired by the new owners to deal with stuff left in the house? If so, then the solicitor propbably piad for it on the basis that the trust was in breach of the requirement to deliver up the house empty (normally the vendor is responsible for ensuring that a property is empty on competion) £240 for a skip is likely a lot less than the cost of fighting the buyers. It may well be that the trust would then be entitled to revocer the csot ffrom your stepmother.

I don't think that the ownership issue is likely to be a problem.

Which two trustees have written to the solicitors about the accounts, and who currently has access to the account in which the money is held? Have you had a copy of the letter, and do you know why they are objecting?

imoldandgrumpy

Hello and thank you,

The bickering has been going on for ages and I can’t see that changing any time soon. I’ve taken the stance “that I will not enter into an argument” and “I will leave any meeting that descends in to one”. As all the meeting have gone that why, the stepmother will drop to name calling, slagging my father off as soon as she realizes she isn’t getting what she wants. She has the benefit of the new house for (quoted from the will) “so long as she wishes and so long as she keeps the house in repair, insures it and pays all outgoings relating to it.” She is also entitled to any income from the monetary residue. Clauses are (d) at the occupant’s request my trustees may sell the House and buy another to be held on trust for sale on the same terms as the house. (e) any surplus arising from the sale and purchase shall form part of my residuary estate.

The new house is in the name of all the four new trustees. The other two trustees are refusing to sign the paper the bank passed to them. The solicitors have told me “our work is done” some months ago but are now threatening to make new charges to the trust. Currently they still hold the residue from the sale and purchase. I’ve told them I do not wish them to act for the trust, as their work is done.

The solicitors asked if we would accept a reduction in the sale because of something that was brought up in the buyers survey, we agreed to this £1000.00, they have not mentioned about the cost of the skip, to remove what she left behind. It was put to me that as she is responsible for “all outgoings” this why she was paying for the removal costs. The skip was hired by the new owners. She told us she was hiring a skip, I don’t believe she did.

As it stands it seems to me that.
(a) a bank account is ready as requested by the out going trustees.
(b) the other two new trustees will not sign the paper work.
(c) the solicitors are holding on to the money.


I’m think of writing a letter (to go to everybody) stating among other things that I will not consent to a face to face meeting as as past experience has led to a disgraceful scenes from her and I find all that very upsetting so I will conduct my part in writing. And as the solicitors work is done and they have the details they require I’ll not be contacting them again and I will not agree to any more cost from them. I’ve already told the solicitors this in a previous email. She is very reluctant to commit anything in writing.

I’m on two antidepressant pills at the moment and have been since all this kicked off. So avoiding these scenes is imported to my own health.

I’ve not seen the letter to the solicitors and I do not know why they are objecting. The stepmother and the other trustee have opjected. The wife and I make up the foursome.

I’ve already complained to the solicitors and they brushed it aside. I’ve asked them to reimburse the cost of the skip, they say they had no choice. They where not the trustees at the time.

Regards

SeniorSam

Unfortunately if the Trustees do not agree and continue to allow matters to stagnate in this way, it will cost them dearly as the solicitors will not release funds until they have received all costs. If they cannot complete the transfer to new trustees because two of them do not wish to sign papers and the other two will not agre to meetings that may be necessary, you will all be the loosers with more costs.

Sorry to be so harsh but disputes with Wills and Trusts just add to the overall costs and many thousands of pounds are lost in this way.

If one particular Trustee refuses to act correctly, the matter can be taken to Court by the others so that the trustee in question could be removed as a trustee. Again more expense and legal costs. If the spouse does not maintain the property, they she can be 'put out' by the Trustees for failing to comply with the wishes of the deceased. Undoubtedly at more costs again.

Do try and get common sense working for the sake of each other and not just keep paying legal fees.

Sam

DandelionPatrol

imoldandgrumpy wrote: »

I’ve taken the stance “that I will not enter into an argument” and “I will leave any meeting that descends in to one”. As all the meeting have gone that why, the stepmother will drop to name calling, slagging my father off as soon as she realizes she isn’t getting what she wants.

I can see why you have taken this stance, but overall I think you have handed to her on a plate the means to stop anything she does not like. She must know that by becoming abusive, you will leave - possibly making it easier for her to get her way with others who remain.

You need to think long and hard about how to manage her and the meetings.

Mojisola

DandelionPatrol wrote: »

You need to think long and hard about how to manage her and the meetings.

Would it make her behave more reasonably if you openly recorded every meeting?

imoldandgrumpy

Thank you all,

I haven't as yet walked out. But I say at the last meeting "Are done here" as the solicitor had had enough.
She might agree in advance to recording, but experience tells me it would only be lip service and when we have driven the 70 miles she would say no and hold us to ransom. Having done that once already, but that time I stood my ground as it was obvious I had been mislead by the solicitors who arranged that meeting.

I'm sticking with the hospitals advice "to do it via email and take a few days in replying" and "therefor not turning up on their doorstep again".

Once again thank you all.