Trust questions

Loopyloopz

Hi

My Mum sadly passed away 18 years ago. She left a will leaving my sister and I a third of the house between us. The rest belongs to her partner (also executor / trustee). In the will she leaves our share in trust, with her partner having the right to use the house for his lifetime. It does not stipulate he has to live there. It has been 8 years since anyone has contact with him. He has changed his phone number and we know from my aunt talking to his neighbours that he only goes there infrequently. The neighbour said he pops in every 2 weeks or so, but doesn’t seem to sleep there. My aunt spoke to the neighbour as she had been to the house many times trying to get hold of my mums partner.

The house has never been checked on in the 18 years since my mum passed away. He has never allowed the other executor / trustee (my aunt) access. When my aunt got hold of him the past he always said he was on his way out or not a good time. We know that he has done some work on the house in the time that has passed. There are now solar panels and an extension has been built. He has also paved the front garden. I have seen a solicitor with my aunt and the solicitor has sent a letter to the address asking him to make contact and provide details of his insurance policy as the will states that he has to keep it insured and in good decorative order, the will doesn’t say anything about checking the house, or what good decorative order means. One of my concerns is that he does not have appropriate insurance as he appears to no longer live there. I am also concerned what the deal is with solar panels, as I understand some agreements can cause problems when a house is sold.

My question is what can the other executor / trustee (my aunt) do if he doesn’t get in touch? I am trying to keep the solicitor fees down to a minimum, so any info I can get here would be helpful. It seems as though he doesn’t really have to do anything re the trust as he owns part of the house?

Thanks in advance

SeniorSam

A difficult position for you, but one which can be resolved, perhaps not in a friendly way depending on how the occupier takes it.
The property is in a Trust and he would seem to own one third but has legal responsibilities and is accountable. As two thirds of the property is in Trust, the Trustees have a right to ensure that all is in order with the maintenece of the property and this can be legally enforced if necessary.

However, it would be best to make sure that he is fully aware of his responsibilities to the other owners (Trustees at present).

The solicitors letter is basic, asking for details. If he does not supply these then you could go the the Court and get an order requiring him to produce details and allow inspection to ensure the upkeep is satisfactory. This is unpleasant and far better to get to speak with him and say you have been advised to take action but are reluctant to do so as you don't want unpleasantness, but are bound by Trust laws to ensure certain things.
He may then agree but if not, you should make it clear that if cout action is necessary, then he will be responsible for the costs involved.

Play it gently and it may all turn out for the best, but be assured that you, the Trustees, have thr right of protection on your side.

Sam

Brynsam

Loopyloopz wrote: »

When my aunt got hold of him the past he always said he was on his way out or not a good time.

I know it's easier said than done, but isn't it time your aunt stood her ground instead of allowing herself to be fobbed off when she does get hold of him?

Loopyloopz

Brynsam wrote: »

I know it's easier said than done, but isn't it time your aunt stood her ground instead of allowing herself to be fobbed off when she does get hold of him?

I agree. I am hoping that now I have a solicitor involved and she has had her role confirmed to her and that she too is responsible as trustee. It has always been difficult to get her to go and get hold of mums partner. Any info found out has been by me. If / when we get hold of him I would like to put forward adding me as Trustee. She doesn’t like mums partner, and she seems to only be interested if it is something that winds him up. Which obviously helps no-one at all.

My aunts health is not the best at the moment, so should anything happen to her my sister and I will be left with just mums partner. He has already shown over 18 years he isn’t putting any effort into contact. And my aunt not putting herself out to do the right thing for my sister and I, it’s a bit of a pickle really.

chesky

The OP says that she and her sister were left one-third of the property BETWEEN THEM. Does that mean the ex partner owns two-thirds?

Loopyloopz

chesky wrote: »

The OP says that she and her sister were left one-third of the property BETWEEN THEM. Does that mean the ex partner owns two-thirds?

Yes he owns two thirds. It was transferred at the the same time the will was drawn up, 11 days before mum died, when she went in to a hospice.

Loopyloopz

Hi, so this is still ongoing. I wrote a letter direct to my Mum’s partner (after a lot of back and forth with the solicitor) in an attempt to sort this out. Fortunately he did reply and was open to talking to me. We have resolved a lot of questions and are back on talking terms!

It turns out that my aunt has been lying to me the whole time. To say I am stunned at what she has done and said to Mum’s partner doesn’t begin to cover it. My mum would be devastated at my aunts behaviour.

Anyway my sister (who doesn’t talk to me because of my aunt, more lies there) was paid her share 10 years ago. The solicitor my aunt was using (that I was paying for, but needed her as the executor to deal with solicitor) has confirmed that my sister was settled and my Mum’s partner has shown my aunts solicitor a copy of the deed. He doesn’t want it shared with my aunt. So the solicitor has put in writing and told my aunt it is settled. My aunt is still not happy with this and is insisting on seeing the confidential document.

My aunt has said she is going to go and see another solicitor and take the money to pay for that from the estate. My question is can she do this? Is she able to just go and see another solicitor because she won’t accept that she won’t see the signed deed and she won’t take the word of a solicitor that my sister is paid. It seems unfair that I already paid for her legal fees to get an answer and now she wants to take more money from my share as that is the only money left in the estate?! When she will get the same answer?

Mums partners solicitor is advising him not to settle my share until the land registry document returning the whole property to him is signed and held by a solicitor so that it can be processed as soon as I am paid. Mum’s partner and I are left in limbo while my aunt is being difficult.

Sorry it’s long winded and thank you for sticking with it to the end!

Keep_pedalling

No she can’t claim from the estate, probate ended years ago and the estate is already wound up. I presume those that she is a trustee of the trust so she might try to claim from the trust. You need to get her removed.

Where did the money come from to pay your sister?

Loopyloopz

Keep_pedalling wrote: »

No she can’t claim from the estate, probate ended years ago and the estate is already wound up. I presume those that she is a trustee of the trust so she might try to claim from the trust. You need to get her removed.

Where did the money come from to pay your sister?

My Mum’s partner paid my sister. He owns the majority of the house, so will eventually own the whole house. He is also the other trustee / executor.

Yes, my aunt is trustee.

Loopyloopz

Hi, my aunt is being an absolute pain about signing the document to remove her name from the land registry. This means that I cannot receive my inheritance as mum’s partners solicitor has advised him to not pay me until the document is signed. I totally understand this, it would leave him in a pickle that would be expensive to sort.

I have provided a copy of the letter from her solicitor stating that her solicitor has seen the document my sister signed when she got her payment 10 years ago, so my sister can’t claim she never had her money. My aunt is refusing to accept this. She is not entitled to see the document signed by my sister, my aunts solicitor has told my aunt this on the phone, but has confirmed that the document exists and is valid in writing. My aunt maintains this is the reason she won’t sign, being a risk she is taken to court by my sister.

I am at a loss as to what I can do. My mum has been gone 20 years in March. I so want this all finished. My aunt knows this. For some reason she just wants to go after my mums partner. He has done nothing to her. And it is me paying for her issues.

I have spoken to her on the phone and gone over all this, I have also written it in a letter. I don’t know what else I can do? I would really appreciate any suggestions. Thanks for reading all of the above! Thanks in advance.

xylophone

She is not entitled to see the document signed by my sister,

I wonder if this is the case?

As far as I understand it, your aunt and the partner were trustees of 1/3 of the property. The beneficiaries were you and your sister.

It seems that the partner came to a private arrangement with your sister to pay her a certain amount of money in respect of her interest.

Surely your aunt as Trustee should have been consulted at the time?

What does the Land Registry show now as to proprietorship?

Is there a Form A restriction/ a Declaration of Trust?