Will in Trust

roxytoo

my late father left his 3 children his house in Trust for our stepmother who has the right to live there until she dies. She's buying another house and is moving out. Does that automatically mean she has walked away from her interest in the trust or does she have to sign it away legally? If she doesn't sign it away is she liable for the house bills like council tax?

Yorkshireman99

roxytoo wrote: »

my late father left his 3 children his house in Trust for our stepmother who has the right to live there until she dies. She's buying another house and is moving out. Does that automatically mean she has walked away from her interest in the trust or does she have to sign it away legally? If she doesn't sign it away is she liable for the house bills like council tax?

It depends on the exact wording of the will.

Mojisola

roxytoo wrote: »

my late father left his 3 children his house in Trust for our stepmother who has the right to live there until she dies. She's buying another house and is moving out. Does that automatically mean she has walked away from her interest in the trust or does she have to sign it away legally? If she doesn't sign it away is she liable for the house bills like council tax?

As YM99 says - it depends on the will.

A well-written one will have provided for this situation - usually the surviving partner is allowed to sell up and use the capital to buy somewhere else to live.

roxytoo

She has enough cash to buy something else outright which she has done (as he never protected that!)

The will states

My trustees shall hold the residue of my estate upon trust to retain postpone or sell and will

1. Pay any debts funeral and testamentary expenses
2 Deal with the residue of my estate as I now direct

Gift of Residue

I give the residue of my estate to my trustees upon trust to pay the income thereof to my wife until the distribution date as hereinafter defined

1 upon her death

2 the date when she surrenders relinquishes or compounds the entitlement herein either wholly or partly and if partly then the distribution date shall only apply to that part of the capital of my residuary estate so exonerated from this trust

3 the date of any other event which terminates such entitlement

getmore4less

were the other assets(ie cash being used for this new house) not part of the residue?

Who were the trustees?
They should be dealing with this and assess if clause 2 or 3 apply and result in a distribution.

was there nothing specific about the house like the life tenant is responsible for upkeep?

roxytoo

I am the trustee along with my 2 sisters. Theres not much help out there even from the solicitor. Strangely all the cash got put into joint names even though he had demetia and a stroke but thats another story. Its a bog standard will and no, nothing about who has the upkeep though whilst she has been there she has paid for that. If she moves out though and we can't sell it or it takes a long time to sell who is liable for the council tax

Keep_pedalling

The trustees will be responsible for paying CT ect.

getmore4less

The next question

Who are the legal owner(s) of the property?

roxytoo

the 3 sisters are the legal owners of the house. The will was that anything in my fathers sole name was to be put in trust with his wife having a lifetime interest, this included the house. It didn't actually say the house but that was the only thing left in his sole name

Flugelhorn

roxytoo wrote: »

the 3 sisters are the legal owners of the house. The will was that anything in my fathers sole name was to be put in trust with his wife having a lifetime interest, this included the house. It didn't actually say the house but that was the only thing left in his sole name

is that what is on the land registry?

roxytoo

yes it is,