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Inheritance Investment Advice
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nc1967
Posts: 57 Forumite

My two children have some money invested in a Trust (they inherited this on the death of their Grandfather) This is split over 5 funds and it does seem to be doing quite well.
My mother has just passed away and chosen to leave the bulk of her estate again to my children.
The will states they cannot have the money until they are 25, is my only option a Trust - would I be best to set up a new one or addto the exsiting one (I don't know if this is possible)
Also can money be taken out of a Trust with agreement of trustee's (obviously only for a valid purpose)
Advice gratefully received
My mother has just passed away and chosen to leave the bulk of her estate again to my children.
The will states they cannot have the money until they are 25, is my only option a Trust - would I be best to set up a new one or addto the exsiting one (I don't know if this is possible)
Also can money be taken out of a Trust with agreement of trustee's (obviously only for a valid purpose)
Advice gratefully received
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Comments
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A new Trust has been created by the grandmother's Will. This has already happened. It is separate to the Trust created by the grandfather's Will.
The trustees would only be able to take money out of the trust in order to advance capital to the beneficiaries, and only if the terms of the Will allow it.
The people best placed to answer these questions are the solicitors who helped your mother write her Will. Are they not advising you? Who does the Will appoint as trustees?0 -
Thanks for taking the time to respond, I am neither executor or trustee in the will and don't really like the solicitors used to make the will - I just wanted some facts before they try to take over
I have no issue with the Money being locked away, but feel that some should be able to be used for the benefit of the children to do things that we would not normally be able to afford0 -
Thanks for taking the time to respond, I am neither executor or trustee in the will and don't really like the solicitors used to make the will - I just wanted some facts before they try to take over
I have no issue with the Money being locked away, but feel that some should be able to be used for the benefit of the children to do things that we would not normally be able to afford
So who are the trustees, it sounds as though you need to discuss how this should be managed with them.0 -
Your mother's will has created a Trust and the Trustees are bound by the Trust Deed.
You need to discuss the matter with the Trustees - they will advise what the Deed permits them to do.
https://www.gov.uk/trusts-taxes/types-of-trust0 -
Thanks for taking the time to respond, I am neither executor or trustee in the will and don't really like the solicitors used to make the will - I just wanted some facts before they try to take over
I have no issue with the Money being locked away, but feel that some should be able to be used for the benefit of the children to do things that we would not normally be able to afford
With no disrespect and I'm sorry about your mother, that was a conversation to have before she created her will, and certainly before she died, it's a bit late now. And it's somewhat worrying you say "we", it's not for you ! Maybe this is why your mother made the condition about them being 25 because she was worried you'd spend it on holidays in the Maldives? She self evidently didn't want it used for things that involve "we" or right now or she would have said so in the will.
And why do you say "my" only option when you aren't a trustee ? You don't appear to be involved in it.0 -
Thank you for you none advice and Judgement - very helpful
Just to make sure you understand I do not wish to spend money on holidays to the Maldives! More thoughts on being able to provide assistance for my children when they go to university so they do not have to come out riddled with debt.
If you have helpful advice it is gratefully received - opinions about a situation you know nothing of is just rude0 -
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I was given money by my grandparents on starting university and it all went on drink, drugs and random crap in the first year. I got my first "proper" job at 23 and bought a house at 26 so I can see why your mother has done what she has.0
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Thank you for you none advice and Judgement - very helpful
Just to make sure you understand I do not wish to spend money on holidays to the Maldives! More thoughts on being able to provide assistance for my children when they go to university so they do not have to come out riddled with debt.
Leaving aside the question of whether they should take out student loans or not; you need to find out from the Trustees whether the terms of the Trust permit them to advance capital to the beneficiaries. Have you done this?0
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