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Remove trustees from property trust

bigfella21
Posts: 1 Newbie
My mother's house was put into a trust in 2011 and 4 of my siblings are trustees. My mother died in July 2024. I am the eldest and am not a trustee, although I am named as a beneficary. The problem is that 2 of the trustees want to sell the house and 2 are refusing to sell it. As a result, we cannot administer the estate. What can be done?
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Comments
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If the house has been in trust since 2011 then the problem is with winding up the trust rather than the estate, so what do the terms of the trust say about what happens on your mother’s death.
Assuming that she remained living there until recently then the house only forms part of her estate for IHT purposes. Would that take her into IHT territory? Her estate would not be able to claim the residential NRB so depending on her marital status anything over £325k (up to double that if she was a widow) including the house could mean a substantial IHT bill needs paying which might force the issue.
I suspect however that unless agreement is reached this may end up being decided in court which will be expensive.1 -
Makes me wonder why they don't want to sell. Because they are living there? Because they want to become landlords? Because there's too much emotional attachment?
In any case they have the option of buying out the other beneficiaries.
Talking this through with them would be step 1.I’m a Forum Ambassador and I support the Forum Team on Debt Free Wannabe, Old Style Money Saving and Pensions boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.
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