husbands ex wifes will!!! help

localhero

VerySkint,

I did say a 'good' family law solicitor. Unfortunately not all solicitors are good. If the individuals you have contacted do not have the area of expertise continue to ring round.

It is definitely not a civil matter . Ring a few family law firms and sound them out first on the phone, if they give a positive response (ie they say that yes, they are able to help) then you make an appointment to see them.

I really do feel for you. The law is on your side - so please don't give up.

veryskint_3

Loretta wrote: »

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.

Hi i know this might sound stupid but what is the CAB and how do i contact them. Thanks

sooz

Citizens' Advice Bureau

http://www.citizensadvice.org.uk/

veryskint_3

Hello again, does anyone know for sure whether you can be an executor AND trustees for a will please.

that's_another_fine_mess!

As someone who drafted my will today, I can confirm that yes you can be. I have nominated (at the Solicitor's suggestion) the same person to take care of my daughter, execute my will and act as her trustee HOWEVER I have also nominated other family members to assist with the executor's role and as trustee so that there will always be additional control and their agreement is required before money can be spent. The Solicitor did recommend that his company also act as executors but this was horrendously expensive and I entirely trust the people I have nominated. I did think long and hard about who to have as I very much wanted the people who I thought would give her the best care and would have her welfare at heart and wouldn't either resent her for having a potentially very large insurance payout or try to siphon it off for themselves. Your post has worried me a bit but, ultimately, I can only do my best and hope the will never needs to be used.

I am very concerned that the mother and brother of ex wife are spending this money on the remaining child (or at least alledging this to be the case) and that nothing will be left. I really do hope I'm wrong...

Bobbykins

I can also confirm for you that it is perfectly possible to be both executor and trustee.
I am in this position myself, for my late mother's will.

As executor, I have a duty to ensure that the terms of the will are carried out correctly. (ie, that the money goes where Mum intended)

As Trustee, I have to wear a completely different hat, and ensure that the beneficiary's interests are met. (ie, the best possible price is obtained for the property, that the money is invested wisely, etc etc)

I don't see any conflict of interest here. Mum's intentions were that the money go to her (minor) grandchild, when that child reaches maturity - no problem. As executor, I can make sure that happens.
The intention of the Trust is that whatever money there is, is invested wisely for the benefit of the grandchild- again no problem. As trustee, I can make sure that happens.

I am so sorry to hear you are having such problems. I hope you are able to resolve it in the children's best interests.

Loretta

I think that there has to be more than 1 trustee

Bobbykins

As per Loretta's post - yes, sorry, I should have explained, I am joint executor and joint trustee with another family member - that would ensure fair play, I was just trying to explain that there is nothing wrong with holding both positions

Loretta

Bobbykins wrote: »

As per Loretta's post - yes, sorry, I should have explained, I am joint executor and joint trustee with another family member - that would ensure fair play, I was just trying to explain that there is nothing wrong with holding both positions

I wasn't saying you were wrong I could see you meant you were one of the trustees and it reminded me that I thought there had to be more than one to make sure that everything was OK but it seems that having both maternal grandparents as trustees with the background here, divorce, doubts about FIL's honesty, his influence on MIL and the position of the other child,, having both of these 2 does not seem such a good idea and perhaps some sort of independent person should be involved

You obviously have the child's best interests at heart but this does to seem so certain with OP's case

localhero

The trustees were completely unsuitable. First of all there's the question whether they would be capable of acting in the best interests of the children, then there's the questionable integrity coupled with huge personal animosity - a complete guarantee for strife.

I can only hope that she was made aware of the likely consequences of these appointments. There were also some mental health issues and the detriment to her own children of appointing her own family as trustees were probably not at the forefront of her mind when she made her will.

As Loretta correctly points out, in her circumstances it would have been more appropriate to appoint 2 independent (and therefore neutral) trustees. In less emotive situations the guardian is often one of the trustees, which makes perfect sense.

I'm sure we all hope that Veryskint obtains the professional services of somebody capable of resolving the situation for her and the children.