Trust split

Duratech

xylophone said:

I am trying to establish what exactly happened here.

Was this property your mother and stepfather's home at the time of his death?

She remained in the property, continued to pay the mortgage and then, on inheritance of a substantial sum, paid the mortgage off and continued to live in the property until she died (nine years after she had transferred the property into the Trust)?

By the "Trust Solicitor", do you mean the solicitor who advised your mother and drew up the Trust Deed?

He kept the original Deed in  his firm's safe (perhaps with the original of your mother's will)?

Can you confirm that he is not also named as a Trustee?

If he is not a Trustee, then his only current connection with the matter is that he is holding the Deed in safe custody?

He acting neither for you nor your brother?

Yes they lived there, yes was mortgaged around 80% and yes she paid it off. Yes lived there until she died. Correct.

Yes correct the solicitor who drew it up.

Both my brother and I are 50/50 trustees. Nothing to do with the actual solicitor who manages it. I have the deed extract copy. He is neither acting for my brother or me. We have to get our own solicitors.

xylophone

It is difficult to understand why your mother created the Trust - if in a bid to avoid care fees, it is very likely that  the LA would have  claimed deprivation of assets so she would not have succeeded.

She could simply have left you and your brother the property in her will. 

As things stand, you have an extra layer of administration and possibly a tax liability that you would  not have had under a direct bequest.

That said,  a direct bequest would not have prevented a dispute with your brother concerning provision for your step brother nor the dispute about selling the house.

If you wanted to force a sale, you would still have had to go down the legal action route.

Time for you to engage a STEP solicitor?

As a matter of interest,  why is  your brother so concerned about your stepbrother when you are not?

Marcon

Duratech said:

This is in trust and a trust is fairly much tied down. Are you saying you would condone going against my mothers will and trust directions?  Interesting thought but wont happen I am afraid. I do not speak to him, it affects my health when i do. My mum was fairly set what she wanted done. That must be honoured.

I was given some info that if I go to court and win (seemingly due to stated cases I cannot lose), he will face a hefty bill, not me? If I ever manage to get a solicitor I may find out.

Don't be so melodramatic. Sensible settlements are very much the order of the day where there's no realistic alternative. Utter inflexibility won't help you.

You could lose and you could face a hefty bill, so try getting a bit more pragmatic and a bit less emotional.

Duratech

xylophone said:

As a matter of interest,  why is  your brother so concerned about your stepbrother when you are not?

Probably because we dont get on, nothing more or less. He has a few issues in his life and is very clearly bipolar and has this need to cause trouble and enjoys seeing how much he can hurt and anger people (not only me). Nose face to spite are words you would probably use. The only sensible way to deal with this is to sell the asset and split it so we can venture on in life without the need to cross paths again. Sad but a fact of life sometimes Anyway, I will be seeking legal assistance now, that is more or less what I wanted to know, is it worthwhile doing that or just leave the asset. 

Duratech

Marcon said:

Duratech said:

This is in trust and a trust is fairly much tied down. Are you saying you would condone going against my mothers will and trust directions?  Interesting thought but wont happen I am afraid. I do not speak to him, it affects my health when i do. My mum was fairly set what she wanted done. That must be honoured.

I was given some info that if I go to court and win (seemingly due to stated cases I cannot lose), he will face a hefty bill, not me? If I ever manage to get a solicitor I may find out.

Don't be so melodramatic. Sensible settlements are very much the order of the day where there's no realistic alternative. Utter inflexibility won't help you.

You could lose and you could face a hefty bill, so try getting a bit more pragmatic and a bit less emotional.

Very helpful 

xylophone

He has a few issues in his life and is very clearly bipolar and has this need to cause trouble and enjoys seeing how much he can hurt and anger people (not only me).

This is extremely unfortunate and upsetting.  Is there any friend or family member who might act as a mediator?

Duratech

xylophone said:

He has a few issues in his life and is very clearly bipolar and has this need to cause trouble and enjoys seeing how much he can hurt and anger people (not only me).

This is extremely unfortunate and upsetting.  Is there any friend or family member who might act as a mediator?

Unfortunately no Hey ho I will hunt for legal advice now and move down that road