Sell share of property held in trust

xylophone

The times I did see him 'help' my father out he was wildly obtrusive towards him and I couldn't believe how he was acting towards him. 

Abusive?

My brother and mother have a terrible relationship and I think this is where this is all stemming from, which is why it's making me so upset and angry. 

 Why should this have any bearing on your  brother's decision to keep the flat as he has a perfect right to do? 

It does seem seem strange that  although your  brother did not live  with your father and apparently had a patchy relationship with him, your father left him an IIP in the property.

 However, you mention that the exor of the will was a solicitor - presumably he (or a member of his firm)  drafted the will and was satisfied that your father was of sound mind ( and not unduly influenced or pressurised) when he signed it?

If so, it seems to me that you must accept that for whatever reason (perhaps because he thought that you were comfortably placed and settled), your father gave your brother the security of a place to live while he wanted or needed it.

I  am no expert but I cannot see any  grounds for a court to overturn your father's decision concerning his property.

getmore4less

nando111 said:

getmore4less said:

OK cross off he decides to sell ends the trust. 

The benefit for him buying out is 100% of the beneficial interest becomes part of his distributable estate to pass to whoever he wants.

Is this the only benefit? I think I would need a more compelling argument for him to want to buy me out quicker. What 'rights' or 'things can I do' to make him want to do it? For example, if he has no intention to have kids etc. then I can't see him caring about this? (The only thing I guess is that he's got a 'tie' with me for as long as we both have an interest in this property).


The IIP makes his estate liable for 100% of the value for IHT already. 

Can you expand on that point please? I don't think there's any IHT to be paid as the value of property is circa 160-170k.

Unless said otherwise the trust/him is responsible for upkeep remaindermen of IIP are not responsible for maintaining the assets in a trust. 
Who pays for the trust to be administered? Ie, if I want to be shown that he is paying for a boiler service etc, do I go to the solicitors to request this?

The trustees should be consulted on any works. 

Can you expand on that point please? I don't think there's any IHT to be paid as the value of property is circa 160-170k.

The house is effectively owned by your brother so is part of his estate. 

Trustees are the ones that need to enforce any maintenance requirements.