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Discretionary Trust

2

Comments

  • The trust was set up whilst my parents were both still alive. I assume IHT was an issue, but I am not aware of the actual reasons a DT was used; perhaps a ploy by the trustees to hold on to the money for a long time?

    I haven't asked about the above, but have sort advice when I was threatened with eviction and recently asked if there was any help to be had for recovering the funds.
    Keef - Sheerness, Kent UK
  • Have already complained to SRA, thanks.
    Keef - Sheerness, Kent UK
  • Keep_pedalling
    Keep_pedalling Posts: 21,631 Forumite
    Tenth Anniversary 10,000 Posts Name Dropper Photogenic
    Not exactly, but it is beginning to look like a scam, especially as the SRA have no record of either Trustee being a solicitor!

    That is a real worry, you need to take legal advice.
  • Keep_pedalling
    Keep_pedalling Posts: 21,631 Forumite
    Tenth Anniversary 10,000 Posts Name Dropper Photogenic
    The trust was set up whilst my parents were both still alive. I assume IHT was an issue, but I am not aware of the actual reasons a DT was used; perhaps a ploy by the trustees to hold on to the money for a long time?

    I haven't asked about the above, but have sort advice when I was threatened with eviction and recently asked if there was any help to be had for recovering the funds.

    Thanks for the clarification, your earlier post led me to believe the trust kicked in on death.
  • I'm confused now: the trust did kick in on death. Initially my mother's estate passed to my father, or rather his power of attorney, then on my father's death, both estates to the trust.
    Keef - Sheerness, Kent UK
  • That is a real worry, you need to take legal advice.

    You mean go to a seminar? LOL
    Keef - Sheerness, Kent UK
  • xylophone
    xylophone Posts: 45,765 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    You mean go to a seminar? LOL

    Do you have copies of both your mother's and your father's wills and the Trust Deed?

    Was probate granted for both?

    Were the Trustees the executors of both parents' wills?

    Is the "solicitor" appointed by the Trustees actually a solicitor?

    Have you and your sister taken advice from your own solicitor?

    If not, it seems high time you did? https://www.step.org/step-directory

    And what has happened to the family home?
  • keef-WhatStandards
    keef-WhatStandards Posts: 286 Forumite
    Sixth Anniversary 100 Posts Name Dropper
    edited 7 November 2019 at 4:55PM
    Yes, have a copy of both parents trust deeds.

    Probate granted for both.

    Yes, trustees executors for both parents.

    Have not enquired if solicitor appointed is actually a solicitor. Is there an online search?

    I don't have a solicitor. This experience has taught me to avoid them!

    Family home sold and money has joined parents bank balances in the trust.
    Keef - Sheerness, Kent UK
  • Keep_pedalling
    Keep_pedalling Posts: 21,631 Forumite
    Tenth Anniversary 10,000 Posts Name Dropper Photogenic
    Yes, have a copy of both parents trust deeds.

    Probate granted for both.

    Yes, trustees executors for both parents.

    Have not enquired if solicitor appointed is actually a solicitor. Is there an online search?

    I don't have a solicitor. This experience has taught me to avoid them!

    Family home sold and money has joined parents bank balances in the trust.

    You need a solicitor, and one who is expert in dealing with trusts. What has been set up is most irregular and I it sounds like the trustees / executors are not regulated solicitors but a dodgy firm of will writers.
  • xylophone
    xylophone Posts: 45,765 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Have not enquired if solicitor appointed is actually a solicitor. Is there an online search?

    https://www.sra.org.uk/bogus-solicitors/
    I don't have a solicitor.

    You would seem to need one? See link in my post above.
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