Trust questions

Mojisola

Loopyloopz wrote: »

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.

Why not just show her the document? If that would resolve the issue, it seems strange not to do so.

Loopyloopz

xylophone said:

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?

My aunt and I went to see a solicitor and it was the solicitor that said my aunt had no right to see it.  The solicitor has seen the document and confirms that my sister has been paid.  Not sure what my aunt or I can do if neither party that signed the document won’t show it to her.  My aunt is very difficult and she brings out worst in people,  but that means I am stuck between the 2 trustees and can’t get my inheritance. 

There is a restriction on the land registry with my aunts name on it.  

Loopyloopz

Mojisola said:

Loopyloopz wrote: »

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.

Why not just show her the document? If that would resolve the issue, it seems strange not to do so.

It’s not my document.  I have no rights over it.  I haven’t seen it.  My sister and the other trustee signed it.  My sister doesn’t talk to me or my aunt.  A fall out my aunt caused.  The other trustee doesn’t want to show it and has been told by his solicitor that he doesn’t have to.  This was also told to my aunt by her solicitor, that I paid for to try and get this settled.  So I am stuck and can’t get anywhere else with either trustee and won’t see my inheritance anytime soon, or an end to this part of it. 

xylophone

Do you have a solicitor of your own?

xylophone

There seems to me no logic in this situation at all.
If your uncle's solicitor takes the view that his client and your aunt were the legal owners (as Trustees) of the Trust property, then any  arrangement made in respect of your sister's beneficial interest should  have been with the  consent of  both  Trustees?
If he takes the view that the consent of your aunt was not required and that your sister could simply relinquish her beneficial interest by means of a legal agreement between his client and your sister, why does this not hold good for you?
Neither Trustee is acting in the best interests of the beneficiaries - perhaps you need legal advice about removing them?

Loopyloopz

I think it is because the deed of assignment is between my sister and mums partner,as the majority share holder.  Rather than in his role as trustee.  Therefore it is confidential between them and not directly to the trust. Mums partner won’t do the same for me as my aunt is refusing to sign the TR1 to ‘hand back’ the whole property to mums partner.  So paying me won’t give him the house.  So his solicitor advising him not to pay me u TIL my aunt will sign. 

Loopyloopz

Now my aunt has gone to another solicitor to ask the same question about the deed of assignment.  She seems to think she can charge this to the trust.  Although the trust is bricks and mortar. It seems a little unfair to run up a bill at a solicitors I will have to pay out of my share.  So she can ask the same question again.  Apparently her new solicitor is going to write to me and my sister.  I can say with co five cents my sister will ignore the letter.  And my aunt could just have contacted me direct.   Doesn’t seem right my aunt as trustee can take on a solicitor and send pointless letters at no cost to her.  Not even got a clue how to fix this.  Getting a judge to remove her as trustee would cost a huge sum, so I am stuck with my crazy aunt behaving badly! 

Edit: sorry, rather ranty as fed up with my aunt.  My question is can she charge to the estate? How does that work when it is bricks and mortar, not actual cash until the trust is settled? Does she need any authorisation from the other trustee to charge her fees to the estate?