Property in trust

Gypsy1305

a little long winded but please bare with me. Fil died and was tenant in common with his dil on a property. Fil died and has left his 50% to his 3 children with general clauses for his wife to live there and maintain property. When she dies it’s to go to the 3 children as he’s left it in trust to them. 

Now my questions are if she’s not name to benefit from the property can she add her daughter to gain from it when she dies? And can she add her daughter into the will to receive her % from anything that’s left from the rest of the estate? Property is not included into the estate. Sorry for long questions but any advice Is greatly appreciated 

Keep_pedalling

No, the trust is the legal owner, his wife is the beneficial owner. For IHT purposes it falls into her estate but not for heritable purposes. 

Gypsy1305

Thank you. So if wants to add her daughter she can’t unless everyone agrees to a deed of variation? We just seem stuck in a situation to where we think she’s going to try to add her so she can benefit from a property that wasn’t hers. A sad situation to be in. We tried a speak with a solicitor and were told to go back to who originally made to will to which we did to be told they couldn’t talk to us because they were awaiting correspondence from the fil wife. Can anyone suggest where to go for someone to read it and put it in layman’s terms without my husband being named as a trustee or executioner? Sorry just can get any help or advice from anyone at the moment 

Keep_pedalling

If she is the sole executor the only thing you can do now is set an alert on the property with the land registry, so you be alerted to any changes she makes.

https://www.gov.uk/guidance/property-alert

Gypsy1305

Thank you 

mattojgb

Was anything left to the wife? It's not quite clear from your post what happens to the rest of the estate (excluding the property). Anything your wife inherits or she is entitled to by virtue of being a joint owner she can do what she wants with in her will.