How do I execute will involving trust?

MaddyWest · 12 March 2018 at 10:55AM

My father recently died, I am executor. My Mother survives him and is beneficiary. I haven't done this before and realise I don't know what the first steps are with a will. I have a certified copy of it but not the original. Do I have to contact a solicitor/the solicitor who has the original?

The finances aren't complicated (various bank accounts totalling about £70,000. The house is worth approx £150,000) so I was planning on doing DIY probate.

BUT my father has left his share of the house in trust (see below). Mum and dad are tenants in common. Does this mean I need to contact a solicitor - does a trust have to be established in some way, or is this part of the probate process?
The relevant sentences are:

I appoint [my wife and my 2 children] to ge the executors and trustees of this my will
I give my beneficial share of and interest in any house which my said wife and I co-own as our principal residence at the date of my death to my Trustees to hold on trust for sale but with power to postpone the sale and in accordance with the following directions:
a) my wife (the Occupant) may live in the house and use it as her principal place of residence so long as she wishes and without any charge
b)until the occupant has in the opinion of my Trustees ceased to be entitled under a) to use the house as her principal place of residence it shall not be sold without her consent but she shall pay all rates and outgoings and keep in good repair and insured to the satisfaction of my Trustees
c) at the request of the Occupant my Trustees may sell the House and buy another one to which the provisions of this clause shall then apply
d) Any surplus arising from the sale and purchase and when this trust ends my Share of the House shall be held for such of my said children living at that date

Thanks for any advice - I don't know if this is complicated or not!

billn · 12 March 2018 at 11:24AM

MaddyWest wrote: »

I have a certified copy of it but not the original. Do I have to contact a solicitor/the solicitor who has the original?

Yes you must get the original (I presume to make sure it is the same as the copy you have?), we have just done this, I rang the solicitor to confirm they had the will. I then retrieved it having to show a death certificate and ID, if there is a co-executor they must also attend or write a letter of authorisation.

TBagpuss · 12 March 2018 at 5:32PM

Yes, you will need the original will. As Bilin says, the solicitors will need to check that your dad has died (so will need to see the death certificate) and that you are the executor (so will need to see proof of your ID) Are you the only executor? If not, they are likely to need to see proof of ID for the other exec. as well, and confirmation from them that they authorise the release of the will to you.

I *think* that you will need to update the title of the property, at the land registry, so instead of the house being held by your mum and dad it is held by you (as trustee/executor) and your mum.

The trust has been established - it is created by the will, so you don't need a second trust document. You can use a solicitor to help you with this part even if you are dealing with most of the probate work yourself.

As trustee, you will need to make sure that the terms of the trust are complied with so may want to arrange with your mum that she updates you each year when she renews her buildings insurance, for instance, so that in due course when the trust is wound up and the value of your dad's share of the house shared between you and your siblings you can show you have managed the trust appropriately.

Yorkshireman99 · 12 March 2018 at 5:51PM

TBagpuss wrote: »

Yes, you will need the original will. As Bilin says, the solicitors will need to check that your dad has died (so will need to see the death certificate) and that you are the executor (so will need to see proof of your ID) Are you the only executor? If not, they are likely to need to see proof of ID for the other exec. as well, and confirmation from them that they authorise the release of the will to you.

I *think* that you will need to update the title of the property, at the land registry, so instead of the house being held by your mum and dad it is held by you (as trustee/executor) and your mum.

The trust has been established - it is created by the will, so you don't need a second trust document. You can use a solicitor to help you with this part even if you are dealing with most of the probate work yourself.

As trustee, you will need to make sure that the terms of the trust are complied with so may want to arrange with your mum that she updates you each year when she renews her buildings insurance, for instance, so that in due course when the trust is wound up and the value of your dad's share of the house shared between you and your siblings you can show you have managed the trust appropriately.

Doesnt the buildings insurance need to be in the name of the trustees?

How do I execute will involving trust?

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