Timing of Trust Dissolution following death of beneficiary who had right to live in the property

Pandaboy

Hi, This is my first post so forgive me if I'm asking something already answered and please feel free to point me to previous posts in that case (I couldn't see anything in the last year). I appreciate any help you can give.

My uncle left his house in trust to me on his death, but with the right of his partner (unmarried) to live there until her death. The main trustee is an elderly neighbour. The partner has recently died without a will and an estranged relative(s) has been identified (I do not know them) who will probably inherit her assets under the laws of intestacy - and has been given the keys to the property by the police (who had to break in to find her deceased - all very sad). Before I go the expense of further legal advice, I'd like some advice for my conversation with the trustee:
- The house is considered as part of her assets for IHT purposes (dont get me started on that one!) so overall IHT may be due if the total is > £325k
- When do I become the legal owner of the property and the trust is "wound up"? Is it on her death (or creation of death certificate) or when probate is granted
- While the relatives will inherit her assets, including the contents of the house, the property belongs to the trust/me. Do I and/or the trustee have a legal right of access (e.g. to ensure it's safe, insured properly etc) now? Can this be independant from the relative who currently has the keys?
- She was responsible for insuring the building while she occupied it. I'm not sure if she has, but as she is now deceased and the property is unoccupied who is responsible for insuring the property and keeping it secure? Is this the trust(ee) - and if so can he claim the cost of this from the estate - or is it me. Clearly it's in my interests to make sure we're covered if it burns down/floods etc - but I need to clarify responsibilities and may need access to the property to confirm condition etc before I can raise a new policy.

Thanks in advance to anyone who can help.

xylophone

Who is shown as the proprietor at the Land Registry?

https://www.thisismoney.co.uk/money/buytolet/article-4487646/Mum-s-says-partner-stay-bungalow-life.html

http://www.tolleytaxtutor.co.uk/taxtutor/files/subscriber/personal-tax/uk-trusts-and-estates/lectures/1d12.pdf

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/375301/IHT100b.pdf

https://wards.uk.com/online-services/legal-guides/life-interests-rights-occupation/#

Savvy_Sue

It might very well be worth your while to get some legal advice of your own, especially about what right of access you have at this stage and who should be doing what. If, having got that advice, you are able to contact the relative who's been given the keys AND they are cooperative, that may be all you need. If they've got it into their head that they've inherited more than they actually have, then writing a letter may be necessary. 

Pandaboy

Thank you Sue.
Xylophone, thank you for all the links, lots to read. The trustees are shown as the owners at the Land Registry

xylophone

The trustees are shown as the owners at the Land Registry

Then they are responsible for the property until it is formally transferred to you?