Will, property protection trust and useless solicitor!

beefster

Myself and siblings find ourselves in a pickle today... seeking some guidance / advice if anyone can help as our solicitor is proving to be useless!!!.

My widowed Mother remarried a man 10 yrs her junior in 2015 with the newly weds living in my mother and fathers old house initially.
2016 The newly wedded couple purchase another property hundreds of miles away from myself and sibling but near his children. Not long after my mother advises family she sadly has early stage alzheimers. The couple review their wills in August 2016 as you would expect in the circumstances setting up mirror wills transferring whole estate to the surviving partner. The 50% share of their owned property to be placed into a property protection trust. Beneficiaries being Myself, my sibling plus 2x step sisters.  
Myself and one stepsister are set up as Executors and trustees of the trust. Remaining partner to have occupation rights + income rights from any income pertaining to the property. All pretty straight forward.

My mother passed last September never gone into care. 

Now we are 11 months down the line and the solicitor who set up the wills and is dealing with the estate for the executors is ignoring my and step sisters calls and emails requesting an update. On calling his office the secretary says sorry he is busy at the moment so he is obv still working. Only updates we have formally are,

Probate was granted. March 23. Copy of the certificate reveals my mothers estate hugely reduced since marriage with nothing to show for it.
.
Trust is registered with the HMRC. July 23.
No confirmation of land registry change despite requests to solicitor.

Step father all but moved in with a new partner very soon after my mothers passing causing obvious family friction between him and my siblings. We have recently found out via one of his neighbours / My mothers friend that the house in the trust was placed up for sale back in June!

Our worry is the lack of communication on this and the state the house in regarding Land registry. We know he is within his rights to sell and he has occupation rights that we respect so we have no opposition. However... something does not seem right as he has said he has had at least 2 meetings with the solicitor who wont talk to us! These where in his words to ascertain best way forward for him and his new lady in regard to the Trust and property. He has said when pushed that he is buying a new property and his new lady is moving in and renting her house out. Which tbh makes sense even if we dont like the speed of things. He has also said without prompting that should he relinquish his rights regarding the Trust the solicitor has advised that the Trust beneficiaries would not get 50% share as his value is worth much more! Their share would be "far less" than 50%?

This has left us concerned.
1, His relationship with the solicitor and lack of communication from both my step father and the solicitor with the executors and Trustees seems odd.
2. Property was put up for sale without informing the Trustees / children.
3. The position should he find a buyer for the property and if the Land registry change has not gone through as yet? 
4. The financial value to the Trust should he relinquish his rights pertaining. All parties would need to agree so that isnt a major issue but would the Trust interest really be deemed to be "far less" than 50%?

Long weekend and I feel it inevitable come Tuesday I will have to approach another solicitor to take a look at the situation as lead Trustee and check Land Registry details but any help / advice welcome.

msb1234

I’m assuming you appointed the solicitor to deal with the estate? So did you renounce your executorship? I would phone the solicitor and make an actual appointment, not just ask to speak to them on the phone. If the will set up trustees, all trustees are expected to co-sign on the sale of the property. 
I’m currently dealing with my mum’s house sale which was set up with trustees. My solicitor who is dealing with the sale has told me that upon completion of the sale, the proceeds of the sale will be paid to the executor but the % of the property that is owned by my stepfather will be paid directly to him. 

msb1234

To add to my post above, I’d also contact the estate agent dealing with the sale to inform them that you are trustees of the property. They may not know that!

Alphatauri

If I understand correctly, you are an executor along with your step sister. The solicitor and FIL are not executors. As executors you appointed the solicitor who is failing to communicate with you. Personally I would terminate your contract with the solicitor and appoint a new solicitor, one that doesn’t know FIL.

I would also phone Land Registry and see if you can put a restriction or something similar on the register. As a pp advised I would also make it clear 5o the estate agents the estate owns 50% of the property. 

badmemory

Have you checked that the will that went through probate says what it is supposed to say.

Marcon

beefster said:

Myself and siblings find ourselves in a pickle today... seeking some guidance / advice if anyone can help as our solicitor is proving to be useless!!!.

My widowed Mother remarried a man 10 yrs her junior in 2015 with the newly weds living in my mother and fathers old house initially.
2016 The newly wedded couple purchase another property hundreds of miles away from myself and sibling but near his children. Not long after my mother advises family she sadly has early stage alzheimers. The couple review their wills in August 2016 as you would expect in the circumstances setting up mirror wills transferring whole estate to the surviving partner. The 50% share of their owned property to be placed into a property protection trust. Beneficiaries being Myself, my sibling plus 2x step sisters.  
Myself and one stepsister are set up as Executors and trustees of the trust. Remaining partner to have occupation rights + income rights from any income pertaining to the property. All pretty straight forward.

My mother passed last September never gone into care. 

Now we are 11 months down the line and the solicitor who set up the wills and is dealing with the estate for the executors is ignoring my and step sisters calls and emails requesting an update. On calling his office the secretary says sorry he is busy at the moment so he is obv still working. Only updates we have formally are,

Probate was granted. March 23. Copy of the certificate reveals my mothers estate hugely reduced since marriage with nothing to show for it.
.
Trust is registered with the HMRC. July 23.
No confirmation of land registry change despite requests to solicitor.

Step father all but moved in with a new partner very soon after my mothers passing causing obvious family friction between him and my siblings. We have recently found out via one of his neighbours / My mothers friend that the house in the trust was placed up for sale back in June!

Our worry is the lack of communication on this and the state the house in regarding Land registry. We know he is within his rights to sell and he has occupation rights that we respect so we have no opposition. However... something does not seem right as he has said he has had at least 2 meetings with the solicitor who wont talk to us! These where in his words to ascertain best way forward for him and his new lady in regard to the Trust and property. He has said when pushed that he is buying a new property and his new lady is moving in and renting her house out. Which tbh makes sense even if we dont like the speed of things. He has also said without prompting that should he relinquish his rights regarding the Trust the solicitor has advised that the Trust beneficiaries would not get 50% share as his value is worth much more! Their share would be "far less" than 50%?

This has left us concerned.
1, His relationship with the solicitor and lack of communication from both my step father and the solicitor with the executors and Trustees seems odd.
2. Property was put up for sale without informing the Trustees / children.
3. The position should he find a buyer for the property and if the Land registry change has not gone through as yet? 
4. The financial value to the Trust should he relinquish his rights pertaining. All parties would need to agree so that isnt a major issue but would the Trust interest really be deemed to be "far less" than 50%?

Long weekend and I feel it inevitable come Tuesday I will have to approach another solicitor to take a look at the situation as lead Trustee and check Land Registry details but any help / advice welcome.

There's no excuse for a solicitor ignoring you if you're an executor and he was appointed to act for the executors - presumably you have a client care letter (or at least terms of business) setting this out?

First step is to a make a formal complaint to the firm - details should be on their website or in their ToB.

beefster

Thanks all.
First point is that my mother and Step father used this solicitor to set up their wills. We "had" full trust in him as the "family solicitor" i guess. Second point is I live 200 miles away from where my mother and sibling / step siblings live and the solicitor presides so it is not feasible to book and appointment to see him but i have requested a phone appointment without reply.

Myself and one step sister are trustees and executors. It was suggested to me that as the will was pretty straight forward i may wish to step back from full executor status with rights reserved. The idea being to speed things up due to post / signatures etc etc. I discussed this with my sibling and we agreed to this and asked the solicitor to assist as executor and a set fee was agreed to be paid from the estate. I have not seen any contract in this regard myself.

I have written one last time to the solicitor today requesting details of the Lang registry application and if it has not as yet gone through how why and how this would affect the sale and the Trusts interest.

I will call the estate agent tomorrow to ensure they are aware of the situation.

I have spoken with my step father who said he believed that the land registry application has gone in but he has not spoken to the solicitor since obtaining an understanding on his wish to move out of the current house. Family relations are strained at present but I am trying to remain cordial with him. (At least until i recover my mother and fathers belongings from him!) 

I will be visiting them all for the anniversary of my mothers death next month and will seek an appointment with the solicitor whilst there. Should he decline I guess I will need to consult another solicitor to resolve matters and place an official complaint with the company. 

This should have been so straight forward. It would be very easy to get angry and fall out with my step father over his actions but for now....... trying to remain calm!

Malthusian

beefster said:

 He has also said without prompting that should he relinquish his rights regarding the Trust the solicitor has advised that the Trust beneficiaries would not get 50% share as his value is worth much more! Their share would be "far less" than 50%?

He / they may be talking about the option of winding up the trust while the stepfather (the life tenant) is still alive. In which case he is correct. (For a given value of "far".)
AIUI, the stepfather owns 50% outright, and would need to be compensated for giving up his share in his late wife's 50% - the right to reside in the property for his lifetime. 
So yes, of course he would get more than 50%. 50% is his absolutely and he can't be expected to give up his share in the other 50% (the right to reside for his lifetime) for nothing. Exactly what he would get from the Trust's 50% would be up for negotiation with the remainderpeople, a negotiation which would take into account his life expectancy.
Alternatively you (the remainderpeople) wait for him to die (or potentially go into care, depending on the Trust) and get the whole of the trust's 50%. Which could be decades away depending on his age and health.

beefster

Yes that is my understanding Malthusian. 
I know fairness does'nt come into it but after 41 years of marriage my father died. His work ethic and self made business meant my mother was left very comfortable indeed. But she was struck down by Alzheimers and this really was not a great comfort as sge could not enjoy it really. However she was comfortable in a nice home (not care home) and she spent her final years in a place she loved. Then after 5 years of marriage my step father has got everything my parent s built up (Mums wishes we know). But he set up with someone else within weeks of my mothers funeral. Trying to separate that from the practicalities involved has been tough. Family tensions run high at present.

Although it may be less financially, cutting and running may be a good option!