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Estate trust and will responsibilities

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Comments

  • poseidon1
    poseidon1 Posts: 3,345 Forumite
    1,000 Posts Third Anniversary Name Dropper
    edited 6 August at 3:21PM

    I would point out ( again) that the Will purports to cover the property which according to the OP was already conveyed into a seemingly legally constituted trust 15 years ago.

    As such, signing such a Will now would seem pointless if it ultimately fails with regard to it's purported primary testementary asset. At best only non real estate assets could pass under that will.

    The property is only notionally within the mother's estate for technical IHT 'gifts with reservation' reporting purposes, nothing more.

    The OP really does appear to be in a quandary here. Having already had a knock back from a solicitor in seeking advice on future course of action, I can't see anyone of us being able to offer any meaningful forward guidance without detailed information on this all important trust. That trust may offer solutions, but clearly the OP has not been able to determine what these might be.

  • Reed_Richards
    Reed_Richards Posts: 5,857 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper

    I have no knowledge of trusts but I am struggling to work out what the problem with inheritance might be. The OP says that they are the sole "living next of kin" so they will inherit everything under the rules of intestacy. What could the unsigned will have said that differs from this? The only thing I can think of is that maybe there would have been a bequest to charity (or charities). The OP has no legal obligation to follow their mother's wishes as expressed in the unsigned will but if they feel that they have a moral obligation to do that then I don't see what could prevent them from so doing.

    Reed
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