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Trust Wills: Porting a Trust to downsize. Who is liable for expenses

ToeSpan
ToeSpan Posts: 1 Newbie
edited Today at 3:57PM in Deaths, funerals & probate
Please can somebody help.
Just before he passed away my terminally ill step-father was persuaded by a solicitor, to put half of his and my mother's house in Trust, to safeguard against care home fees.
The Will states that "
My Trustees will……..Pay any debts funeral and testamentary expenses”.
Since he passed, my mother has paid for everything on the house, all bills, insurances, and for the funeral in full, and has now run out of money and needs to downsize.
I gather that she can either port the Trust over, or move and disband the Trust paying off the beneficiaries. Either way, at the moment the Trust stands to get 50% of the proceeds of sale, but having not paid a penny, and there's still all the legal advice, selling costs and house clearance to pay for yet.
What we are desperate to find out (but will have to pay handsomely to find out from a layer) is:
Will 50% of the costs of moving house (estate agent, legal fees, house clearance) be paid for by the Trust when my mother moves house?
Is my mother owed anything back once the house is sold, for all the other running costs over the years, and in particular for half of the funeral costs.
Thank you so much in advance.

Comments

  • Keep_pedalling
    Keep_pedalling Posts: 21,668 Forumite
    Tenth Anniversary 10,000 Posts Name Dropper Photogenic
    Although legal ownership resides with the trust, your mother is the beneficial owner so will be responsible for ongoing costs. 

    You will get better advice over on the Deaths, funerals and probate board regarding the trust so I have asked for this thread to be moved there.
  • poseidon1
    poseidon1 Posts: 1,947 Forumite
    1,000 Posts Second Anniversary Name Dropper
    Since it appears your Step father left little or no cash in his estate, what to do about the trust will likely turn on the value of the house at present, and how much capital your mother thinks she can release for the trust after downsizing.

    Frankly, if the house value is relatively modest and downsizing achieves equally modest capital cash for the trust, there could be a case for varying your step father's will to get rid of the trust in its entirety so that your mother inherits everything outright.

    Accordingly when did step father die, what is the total value of the house and what is the likely cost of a replacement?
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