Declaration of Trust or a Restriction?

poseidon1

houndtang said:

Another thought has struck me. If this Declaration of Trust did go ahead, but if my stepmother subsequently needed care, would this be seen as deprivation of assets and what would the implications of that be?

Probably not if the trust also required your Stepmother to receive investment income from the trust in the event she is no longer able to occupy, but of course her own retained half share would rightly be up for grabs. 

madbadrob

One point I see hasnt been mentioned unless I missied it.  The house is not yours until the step mum passes away.  Therefore she can at any time she wishes sell that house and you receive nothing.  Of course I am sure your dad would have hoped in the future you would get the house but alas he didnt put this in writing.  So as callous as this may sound it goes to show why wills should be written and things put in place to how they want things to happen after their death.  This is more so needed in todays society with the prevalence of second marriages or more.  

Rob