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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34105
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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I would like to send a copy of my Fathers Will and ask some

Customer Question

I would like to send a copy of my Fathers Will and ask some specifics questions about it. My Mother and Brothers are confused about how the trust works in the Will.
Submitted: 2 years ago.
Category: Family Law
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
What would you like to know?
Clare
Customer: replied 2 years ago.

I would like to get clarity on the Will below. Here are my questions.

1. In the event that my Mother sells Tilebarn for say 400 and purchases another home for 300. The remaining 100 goes into Trust. What does this mean?. Can Brenda just spend the Money as she wants or does she need to get approval from other trustees.

2. How does the Trust work?. Is Mother in control of spending the trust until she dies then the residual is divided between the sons? or is the Trust in effect and we need to vote on decisions ( eg sale of house )?

3. If Mother cohabits for 3 months or re-Marry does she no longer have access to the trust and what does that mean?

thanks

Matt

Will 2

Will Page 1

Expert:  Clare replied 2 years ago.
Hi
Might I ask how long they were married?
Clare
Customer: replied 2 years ago.

62 years

Expert:  Clare replied 2 years ago.
Hi
Just to check - this was designed to protect your fathers's share of the assets in the event that your mother needed residential care
Clare
Customer: replied 2 years ago.

Not really sure. We think so. One of my brothera is also intl the family Business and I think it was also intended to protect that from tax. Again speculation

Expert:  Clare replied 2 years ago.
Hi
Thank you
It is not a very well drafted Will I am afraid - but it is possible to follow the intentions behind it.
If the house is sold then your mother will receive her half of the equity to do with as she wishes.
With regard to the other half if at that point she remains single and does not cohabit then the money can be used for her benefit - either as part of the new purchase price or by it being placed within the Trust.
If she is remarried or cohabiting then that half will be divided between the children immediately.
The wording with regard to the Trust is vague.
however the monies will go into the trust and are to be used for the benefit of your mother
It will be up to the Trustees to decide what the money should be spent on
I hope that this is of assistance - please ask if you need further details
Clare
Clare and other Family Law Specialists are ready to help you
Customer: replied 2 years ago.

Thanks Clare

Couple if clarifying questions..

Can Mum decide what the monies will be spent on independent of the other trustees or does she need a majority vote?

If Mum Cohabits or re-marries then what happens? Is the trust divided between the Sons or is the trust still to be used for Mum?

thanks

matt

Expert:  Clare replied 2 years ago.
Hi
Hi
It would need to be a majority vote.
If she marries or cohabits then the finds go straight to the children
Clare
Clare and other Family Law Specialists are ready to help you
Customer: replied 2 years ago.

Hi

Need some clarity on the sale of the house.

1. Can mum sell the house without agreement of the other trustees?

2. If mum purchases a new house does the deed go in the name of the trust?

3. Does the deed for the existing property go in mums name or the trust?

thanks

matt

Expert:  Clare replied 2 years ago.
Hi
1. Yes
2. It goes into her name and the name of the trustees
3. Both
Clare

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