husbands ex wifes will!!! help

veryskint_3

We were told that once the funds,probate,insurance had been sorted out then 3 cheques would be sent to the grandma. So its anyones guess really!

oramgepekoe

veryskint wrote: »

We were told that once the funds,probate,insurance had been sorted out then 3 cheques would be sent to the grandma. So its anyones guess really!

From what you've said in this thread it sounds a bit worrying. In whose name were the cheques made out? Have the trusts actually been set up and are they being managed and invested properly?

I'm no expert on trusts, just a trustee for a similar trust fund for my son, with a educational use clause, that was set up by a relative's will. My son's trust had to be registered with the tax office and I have to submit a tax return each year for the trust. Tax rates on trusts are different from personal tax rates (eg. 40% tax on savings interest), so sometimes the trust has some extra tax to pay. I have to keep the trust money separate from our own so bank accounts and investments are in the trust's name. I keep full details of what the money is invested in and receipts for any I distribute to my son, eg. when the trust paid for a computer for my son's homework. In all it's a fair bit of work, bookkeeping and hassle to deal with the trust, but we appreciate the extra money to pay for some educational extras.

duchy

It would seem to me that there should be some mechanism available that allows the children's representatives (you and your husband) to be able to check the trusts are set up and administered properly-on behalf of the children they have parental responsibility for. It seems entirely possible that with the grandmother's attitude to the grandchild who lives with her compared to the two living with you that it would be advisable to do so or find when they become of age that the money has all gone on the other grandchild.
I don't think you can ask for yourselves but you can probably insist this information is released to you in the role of the people charged with the best interests of the two children.
Theoretically I don't see any reason why legal fees payable to verify the trusts are set up and administered correctly shouldn't come from the trust as they are for the benefit of the children-however that would equally apply to the grandmother and if things got nasty legal fees could eat up the whole trust fund so personally I wouldn't go that route.

quoia

Is it normal for the executors of a will of this sort also to be the trustees named within it ?
Doesn't that seem to be a conflict of interests ?
Isn't the whole point of executors to ensure that what is specified in the will actually happens and, where required, that any trustees do their job ?

Given the divorce, I'm sure mum and brother have many ill feelings towards the ex-husband and blames him, and probably you (the new girlfriend, then wife, however much later and in whatever circumstances you met) for the split up. Furthermore with the death of this woman, mum's lost her daughter, brother his sister, and in circumstances (suicide) that I presume must increase the sadness, sense of loss and especially the acrimony towards the ex-husband. Maybe if they hadn't divorced she wouldn't have done it and would still be alive , so in their eyes he is to blame and it's his fault !
How are they going to be fair in giving out anything from the fund ?

What with being executors, trustess and have the money, they weren't the witnesses to the will as well were they ?

swampduck

I find it hard to believe that the solicitor is being so unhelpful about this issue. Going back a few years ago when I was still with my now ex-husband - we had set up wills to sort out the care of our children if anything should happen to us. The legal advice that we had said if the children's Guardians' had had to move house to accomodate our children then the funds should be made available to them to enable this - I would have thought that building an extension in your case to accomodate your husband's ex-wife's children would cover this.
However it was also made clear that if this were the case then the funds should also be available to them when they became of age. Bearing in mind that moving house or extending the home would have benefitted the guardians as property prices have in general increased but in the meantime benefitted the children as they had their own bedrooms etc so acted as a form of maintenance.
In the same way if they had needed to go on an educational residential trip then you could apply to the trustees for financial assistance as this would have been something that ordinarily you and your husband may not have the funds for and may not have necessarily offered to your own children.
If your worries are concerning that the trust funds may not be fairly spent on the children because of the grandmother - I believe that executors have the same responsibilities as those who are granted power of attorney for relatives who are unable to care for themselves. In other words accounts must be produced detailing where and how this money was spent and if there are three children to be considered then then trust funds must spent equally on each of the children not to benefit one child to the detriment of their siblings.
My personal feeling about this is that the grandmother is venting her feelings towards you and your husband because he is still living whereas sadly her daughter is not. She may feel that because of this he should bear the costs of bringing up his own children which if he had been paying maintenance or CSA - he would have been doing anyway. But I wish you luck because you are coping admirably well considering the adversities that have been thrown your way so far. Those poor children need love and reassurance not their grandmother being awkward and contrary.

Swampy

localhero

Hi VerySkint,

Having followed this thread for the first time today with interest I think I can outline the legal position in a nutshell without bombarding you with jargon.

At first glance the clause in the Will appears to provide discretion as to whether money should be given towards maintenance etc - which the trustees seem to be relying on.

As a trustee however, the law is in fact very simple - and that is the trustees have a legal duty to act in the best interests of the beneficiaries. Refusing to pay for their upkeep is hardly that !

You need to obtain the services of a good family law solicitor to apply to a court for direction.

To obtain the services of a solicitor practising family law in your area follow the attached link. It sounds like you may be entitled to legal aid as well. Sound out a few on the phone first, and then take someone with you. Being palmed off with poor advice must stop - you are entitled to a remedy so please don't be intimidated by so called professionals.

You go girl - here's the link http://www.lawsociety.org.uk/choosingandusing/findasolicitor.law - best wishes.

Loretta

I am not 100% sure about this but it may be that the children should be getting the legal advice and claiming some financial help, ie. you are helping them (actually doing it because they are young) but any legal claim would be in their name and because of that they could get legal aid.

You do need a solicitor who deals in family law

veryskint_3

quoia wrote: »

Is it normal for the executors of a will of this sort also to be the trustees named within it ?
Doesn't that seem to be a conflict of interests ?
Isn't the whole point of executors to ensure that what is specified in the will actually happens and, where required, that any trustees do their job ?

Given the divorce, I'm sure mum and brother have many ill feelings towards the ex-husband and blames him, and probably you (the new girlfriend, then wife, however much later and in whatever circumstances you met) for the split up. Furthermore with the death of this woman, mum's lost her daughter, brother his sister, and in circumstances (suicide) that I presume must increase the sadness, sense of loss and especially the acrimony towards the ex-husband. Maybe if they hadn't divorced she wouldn't have done it and would still be alive , so in their eyes he is to blame and it's his fault !
How are they going to be fair in giving out anything from the fund ?

What with being executors, trustess and have the money, they weren't the witnesses to the will as well were they ?

Hi just to clarify a few things. my husband divorced his ex wife 9 years ago and it was her who caused the break up initially. I have looked at the will and it has been done at a solicitors and her mum and brother are the trustees and executors, i,like you thought you couldnt be both but im getting so many differences of opinion from different solicitors that i dont know where i am but i really do understand what you mean about some acrimony.

veryskint_3

localhero wrote: »

Hi VerySkint,

Having followed this thread for the first time today with interest I think I can outline the legal position in a nutshell without bombarding you with jargon.

At first glance the clause in the Will appears to provide discretion as to whether money should be given towards maintenance etc - which the trustees seem to be relying on.

As a trustee however, the law is in fact very simple - and that is the trustees have a legal duty to act in the best interests of the beneficiaries. Refusing to pay for their upkeep is hardly that !

You need to obtain the services of a good family law solicitor to apply to a court for direction.

To obtain the services of a solicitor practising family law in your area follow the attached link. It sounds like you may be entitled to legal aid as well. Sound out a few on the phone first, and then take someone with you. Being palmed off with poor advice must stop - you are entitled to a remedy so please don't be intimidated by so called professionals.

You go girl - here's the link http://www.lawsociety.org.uk/choosingandusing/findasolicitor.law - best wishes.

Hi thanks for the advice,but, we made an appointment to see someone in family law and she told us it wasnt to do with family law and after much ringing round she told us it was a civil matter so we are going to see one on Monday. Can you see our dilemma we are getting pushed from pillar to post and when we say to the solicitors that we requesting some help towards things from the trust fund they look at us as though we are trying to steal it and are not sympathetic at all (and that is from 2 solicitors already)

Loretta

My parents although not divorced were 'very' seperated, my father died when i was 16 and the money he left me was held in trust until I was 21 (in those days). My mother was one of the trustees of the trust and from the age of 16 to 21 I was given an allowance to pay my rent, after my father died I did not have anywhere to live and was cetainly not going to my mother.

I was allowed money to be released for my upkeep 'at the trustees discretion'. If my mother really had any legal say in it I would definitely not have received this allowance as she would have refused to be awkward.

The fact that I did get this allowance makes me think that the situation for you would be the same, the children are entitled to some financial help. It is not about the grandparents wishes/grudges whatever but about the children's benefit and I think from the bits you have quoted about what it said in the will it seems to be standard wording, receiving money for all the things and expenses you have mentioned it is quite clear that they should receive some help for the extra housing etc or the grandparents would have to have a pretty good reason for refusing it ie breach of trust

Also as you have doubts about FIL's honesty I think that the children can have some sort of protection from the Court, wards of court, official solicitor something like that and you can perhaps ask for independant trustees

I think that once you get the correct solicitor you will be well away and you will not need to go to Court. Perhaps the CAB would be able to sort out what sort of solicitor you need and then point you in the right direction. I would not think that this situation is that unusual.