Property left partially in trust to me...very confused about how works

RAS

You might start by going back to the Probate Registry and telling them you've only been sent part of the will and they need to sort it out.

They out-sourced the electronic "selling" of wills, and I've had at least one instance when I was sent completely wrong will. Complained on-line and it was sorted out BUT it was only when I complained a second time that they bothered to tell me they'd correct the error a couple of weeks previously.

doodling

Hi,

As others have noted it is impossible to be certain without the full picture.

Having said that, the will gives the trustee(s) wide discretion to use the assets of the trust to provide housing for the widow. This is normal. The wording does not prevent the trustee from taking a part share in a new house with the widow and her new partner.

It is likely that the wording in the will is the full extent of the trust - I am intrigued to know the purpose of any other documents relating to the trust as no other documents are required.

The share of the current house held by the trust will probably be whatever share of the house your father owned. That will have a value and that same value needs to be reflected in the share of any new house.

As what happens is largely at the discretion of the trustee then they are the person who decides what is acceptable. You have very little say in the matter unless the trustee is clearly failing in their duties to you.

theoretica

DerbyBorn7 said:

My other question is,  as this went through probate,  the will and probate form was obtainable from the online source as public. However. The will is only 3 pages long and some page or pages are clearly missing as it cuts off suddenly, so no house shares are stated in this will at all....could this mean if there was a codicil, in addition/ added to this document , I don't have sight of that ?

If I am to instruct a solicitor to view the trust deeds (showing property shares etc) then I assume the solicitor needs the will also, so my aunt as executor would need to provide that to the solicitor if they ask for it ? I assume this should also be the full will with no missing pages (perhaps it was scanned wrong when initially submitted to the government and page(s) missed off ?

What the house shares are wouldn't usually be in the will - the will says what happens to what someone owns, it doesn't set out exactly what it is that they own.  Otherwise the will would need changing all the time.

DerbyBorn7

A slight bit of movement ...my aunt will give me full copy of the will.  

With ref to the trust my aunt says its only the will she has,  she no trust documents,  is this normal that only a will details the trust arrangement?

RAS

That's normal; the will effectively sets up the trust.

You might well be advised to post on the Death and Probate forum; link to this thread.

They can advise on trustees and whether you need to register the trust Trusts and taxes: When you must register a trust - GOV.UK (www.gov.uk) - new rules.

GDB2222

DerbyBorn7 said:

A slight bit of movement ...my aunt will give me full copy of the will.  

With ref to the trust my aunt says its only the will she has,  she no trust documents,  is this normal that only a will details the trust arrangement?

Yes. It’s what normally happens. 

DerbyBorn7

OK so the scenario is, the executor / trustee (my aunt) has sent me the full will. The Will only says estate to go into trust, and my step mum gets to use house. The will does not state % of shares in any way at all.

Nothing else is said here. So the will does not name me as the person who gets the property once the trust ends, (The will only names me if my step mum dies before my dad, which hasn't happened). A solicitor who i showed the will said its a life interest trust.



so step mum is selling, yet my aunt says she has never seen the declaration of trust herself, has never been given it, or even thought about it  - as an executor / trustee, should they 100% have this document as surely this is of importance, as the Dec of Trust shows the actual shares the trust owns??? (and any terms of the trust?)

 I now feel suspicious that my aunt seems to have no actual paperwork, apart from the will.

Am I correct that even though the will has no clauses, is it possible that the declaration of trust (which was agreed with stepmum and my dad 6 months after the will) could have terms / clauses in it ? 

to date, the 70% share is 'verbal' and the fact the 70% goes to me when she dies is 'verbal' as the will does not show this, therefore is it possible i named in the declaration of trust? The deeds show owed by the will trust, but, what shows what happens to the trust after????? as the will sure doesn't!

RAS

Please put this information on the Probate and death forum, which is where most of the people who know about these trust look.

DerbyBorn7

Hi all.

question here - With ref to the current trust and the house being sold.

I asked my aunt (trustee) if the current trust carries on onto the new property, or, if this trust ends. They replied saying they were not sure.

They then shared an email with me, where my Step mum answers the question.

Step mum says, current trust ends, and a new one starts at the new property.

Is that normal? does a trust HAVE to end, because that property is done with, and new trust begins at new one? appears my step mum is clearer about whats happening with the trust than my aunt who is the trustee - which feels odd.

RAS

Read the reply on you probate thread.