Probate granted - can I refuse to be a trustee?

pkmid

I need some advice. My late mother had power of attorney for my late aunt. Unfortunately my mother passed away in 2021 then my aunt passed away in 2022. I am the executor for the will (35 years old) which I don't remember agreeing to but there we go. I've had probate carried out and it has been granted. Currently my cousin is living in his late mothers house but he has some learning disabilities. I have had experience of two probates now but this second one is very unlike my mothers due to the fact it's all been pieced together with very little information. I have had a response from the solicitor advising I need to name a joint trustee for my aunt's property. I do not want this responsibility. It was hard enough when I was trying to sell my mum's house.

What options do I have to refuse? Finding a joint trustee will be hard enough as my uncle is living at the property too (there are tensions between my uncle and rest of family as he just rocked up one day and started living there, at what point I'm not sure). I may be able to ask a childhood friend of my aunt's and mother but she is a similar age so I'm wondering if it needs to be someone younger. 

I have a younger brother who is put off by the fact a beneficiary's debt may end up being a trustee's responsibility (is this true?). There is an outstanding bill of £2k to pay as soon as funds are released due to British Gas not being clear with my cousin or vice versa, I don't live there I don't know what happened but either way the debt needs clearing. My cousin has a social worker but there is still the worry he could get taken advantage of or doesn't look after his finances very well. We live in Bristol and the house is in Wales. It is not viable for me to have to responsibility. I've only just sold my late mothers house and in the process of finalising my divorce I do not have the mental headspace to cope with another issue.

Arguably nothing needs to be done as of yet however if my cousin passes away, wants to sell the house etc etc it will pull me into organising again and I can't do it. In terms of relatives surviving there is me (35 years old), my brother (23 years old) and my uncle who is in his 50/60's.

Keep_pedalling

Did your aunt leave her estate in trust for her son rather than leave it to him absolutely?

pkmid

Keep_pedalling said:

Did your aunt leave her estate in trust for her son rather than leave it to him absolutely?

I’ve had a look at the will and it says:

I give devise and bequeath my property (address) for the benefit of my son (cousins name) to reside in my property my Property until his death or if he marries or cohabits with any person and thereafter to my Sister (my mums name) for her life and on her death to my Niece (person doesnt exist) absolutely.

problem is the nieces name I think was meant to be either me or my brother as she wrote a combination of my cousin first name and my mums surname. I tried explaining to the solicitor the person mentioned in the will doesn’t exist but that didn’t lead to anything. 

Keep_pedalling

So it looks like her son has been given a life interest and the property to be held in trust for your mother. Life interest trust such as this need little in the way of administration for a trustee, until the time comes to end the trust. The trust certainly would not be responsible for any debt run up by the occupant any any creditors would have nn claim on the property as he does not own it. 

The main problem you have is the fact that the eventual beneficiary (remainderman) does not and never has existed. If that clause did not exist you and your sibling would be the eventually beneficiaries. You may still be, but you need to take legal advice on what the implications of this clause will be.

If you are the are to eventually inherit then it would be best I’d you and your sibling were the trustees.

elsien

I think it may be a little late to refuse to act as trustee if probate has already been granted. What does it say about replacement trustees – anything?

Keep_pedalling

elsien said:

I think it may be a little late to refuse to act as trustee if probate has already been granted. What does it say about replacement trustees – anything?

Although the OP is the trustee of the estate, that does not compel them to be trustee of the trust created by the will. 

pkmid

Keep_pedalling said:

So it looks like her son has been given a life interest and the property to be held in trust for your mother. Life interest trust such as this need little in the way of administration for a trustee, until the time comes to end the trust. The trust certainly would not be responsible for any debt run up by the occupant any any creditors would have nn claim on the property as he does not own it. 

The main problem you have is the fact that the eventual beneficiary (remainderman) does not and never has existed. If that clause did not exist you and your sibling would be the eventually beneficiaries. You may still be, but you need to take legal advice on what the implications of this clause will be.

If you are the are to eventually inherit then it would be best I’d you and your sibling were the trustees.

I agree. Why that clause wasn’t picked up by her witnesses I’ll never know as they knew our names. I’m assuming my mum wasn’t aware her sister was redoing her will or she would’ve checked it over beforehand. Tbh I don’t want to inherit the place. It’s a mess physically as well as the fact my uncle has decided to live there. Selling a house is hard enough when it’s a close relative. The amount of faff this will cause, if I’m still around with my cousin passes, isn’t worth it to me. The house has been neglected for so long as well. 

Edit: thanks for your info in the first part regarding debt. I will be a trustee if I am not liable for any debt my cousin may incur 

pkmid

Keep_pedalling said:

elsien said:

I think it may be a little late to refuse to act as trustee if probate has already been granted. What does it say about replacement trustees – anything?

Although the OP is the trustee of the estate, that does not compel them to be trustee of the trust created by the will. 

I really hope not. It sounds awful but I can’t hack it again. 

pkmid

elsien said:

I think it may be a little late to refuse to act as trustee if probate has already been granted. What does it say about replacement trustees – anything?

I don't think it mentions anything about replacing them, we had such a small family as it is, apart from me, my brother and my uncle there are no other blood relatives.

Keep_pedalling

pkmid said:

Keep_pedalling said:

So it looks like her son has been given a life interest and the property to be held in trust for your mother. Life interest trust such as this need little in the way of administration for a trustee, until the time comes to end the trust. The trust certainly would not be responsible for any debt run up by the occupant any any creditors would have nn claim on the property as he does not own it. 

The main problem you have is the fact that the eventual beneficiary (remainderman) does not and never has existed. If that clause did not exist you and your sibling would be the eventually beneficiaries. You may still be, but you need to take legal advice on what the implications of this clause will be.

If you are the are to eventually inherit then it would be best I’d you and your sibling were the trustees.

I agree. Why that clause wasn’t picked up by her witnesses I’ll never know as they knew our names. I’m assuming my mum wasn’t aware her sister was redoing her will or she would’ve checked it over beforehand. Tbh I don’t want to inherit the place. It’s a mess physically as well as the fact my uncle has decided to live there. Selling a house is hard enough when it’s a close relative. The amount of faff this will cause, if I’m still around with my cousin passes, isn’t worth it to me. The house has been neglected for so long as well. 

Edit: thanks for your info in the first part regarding debt. I will be a trustee if I am not liable for any debt my cousin may incur 

Witnesses to will are merely witnessing the testator signing, they have no need to read the will and actually have no right to to read it. This sounds very much like like a DIY will. The clause about her son no longer having the right to live there if he marries or cohabits with anyone is a horrible thing to put in a will and possible the biggest headache for any trustee.

If you and your sibling are not interested in eventually inheriting the property, then speak to your solicitor about doing a deed of variation so that your cousin inherits it outright instead.

pkmid

Keep_pedalling said:

pkmid said:

Keep_pedalling said:

So it looks like her son has been given a life interest and the property to be held in trust for your mother. Life interest trust such as this need little in the way of administration for a trustee, until the time comes to end the trust. The trust certainly would not be responsible for any debt run up by the occupant any any creditors would have nn claim on the property as he does not own it. 

The main problem you have is the fact that the eventual beneficiary (remainderman) does not and never has existed. If that clause did not exist you and your sibling would be the eventually beneficiaries. You may still be, but you need to take legal advice on what the implications of this clause will be.

If you are the are to eventually inherit then it would be best I’d you and your sibling were the trustees.

I agree. Why that clause wasn’t picked up by her witnesses I’ll never know as they knew our names. I’m assuming my mum wasn’t aware her sister was redoing her will or she would’ve checked it over beforehand. Tbh I don’t want to inherit the place. It’s a mess physically as well as the fact my uncle has decided to live there. Selling a house is hard enough when it’s a close relative. The amount of faff this will cause, if I’m still around with my cousin passes, isn’t worth it to me. The house has been neglected for so long as well. 

Edit: thanks for your info in the first part regarding debt. I will be a trustee if I am not liable for any debt my cousin may incur 

Witnesses to will are merely witnessing the testator signing, they have no need to read the will and actually have no right to to read it. This sounds very much like like a DIY will. The clause about her son no longer having the right to live there if he marries or cohabits with anyone is a horrible thing to put in a will and possible the biggest headache for any trustee.

If you and your sibling are not interested in eventually inheriting the property, then speak to your solicitor about doing a deed of variation so that your cousin e her it’s outright instead.

Thank you. That is helpful. Is that clause really in there? I’ve been so preoccupied I struggled to understand the will when I typed it but that is exactly what it says. I’m really surprised she put it in there to be honest. 

Thank you for your advice about the deed of variation.  I think it would make most sense to go to him fully. He can then decide if he wants to sell etc. I’m assuming you meant own it outright in your last line?