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Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10176
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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I am a co-trustee of my late mothers home, in which it specifically

Customer Question

I am a co-trustee of my late mother's home, in which it specifically states that I am the beneficiary under the terms of her will to remain in the family home without hindrance or interference, provided I keep the property in a satisfactory saleable condition and with the upkeep of the insurance on the property. The 2 other co-trustees are unable without my prior written permission to sell the house, unless I fall down on my responsibilities.

Is there a legal letter I can send to advise that I would seek quarterly property inspections at a time and date to suit all parties ?

Thank you...Richard Lynam
Submitted: 3 years ago.
Category: Law
Expert:  Aston Lawyer replied 3 years ago.

 

Hi there,

 

Thanks for your enquiry.

 

To be honest, it would be normal for the co-Trustees to be advised upon your right to remain in the property by the Solicitor dealing with the Estate, and it is not therefore your responsibility to advise them upon the terms of the Will (although I appreciate you may want them to know in black and white what they can and can not do).

Won't they be speaking to a Solicitor?

 

Kind Regards

AL

Customer: replied 3 years ago.

Thank you for response.


The Will is not being read for about 8 days.....there is conflict with my siblings even before the Will is to be read...they believe in their minds that they can oust me out of the property but it clearly states in my Mother's will that


 


3a) IN this clause:-


i. “my House” means my House known as “Roseneath” 4 Pinewood Road, Matlock aforesaid together with its grounds;

ii. “the Beneficiary” means my son the said Richard William Lynam



c) MY TRUSTEES shall allow the Beneficiary to reside in my House so long as the Beneficiary may wish and is able to do so and shall not exercise their power to sell except with the Beneficiary’s written consent


 


I need to advise them that quarterly inspections of the property will be granted as co-trustees is there a legal letter I can furnish them please...?


 

Expert:  Aston Lawyer replied 3 years ago.

 

Hi Richard,

 

Thanks for your reply and apologies for the delay.

 

Suggested letter-

 

Dear X and Y

Re- Roseneath

 

I am writing to clarify the terms of Mother's Will, and in particular the clause concerning Roseneath.

 

I confirm that under the terms of the Will, I have been granted the right to reside at Roseneath for as long as I wish, subject to me maintaining the property and arranging the Buildings Insurance, which I will of course do.

 

It is my intention to remain living at Roseneath as allowed by the terms of the Will and I do not wish the property to be sold and nor are you entitled to request that the Property be sold until such time as I wish this to happen.

 

As my co-Trustees, you do have the right to inspect the property to make sure that I am complying with these conditions, and it would be reasonable for such inspections to take place on a quarterly basis which I would be happy with, subject to me being given 7 days notice of any such inspections, at a time and date to be agreed by all of us.

 

As occupier, I am entitled to quiet enjoyment of the property and the above arrangements will allow me to do this, while at the same time allowing you to carry out your responsibilities as Trustees. I do not therefore expect any unexpected visits and I will furnish you with evidence that I have arranged Buildings Insurance if you so require.

 

I hope this clarifies matters, and no doubt our Solicitor can confirm all the above when we meet with him.

 

 

Yours sincerely

Richard.

 

I hope this helps. If so, I would be grateful if you could leave positive feedback.

 

Kind Regards

AL

 

 

 

I would

Customer: replied 3 years ago.

WOW....thank you...


 


Well worth the investment...again thanks...


 


Richard....

Expert:  Aston Lawyer replied 3 years ago.

 

Hi Richard,

 

No worries. Glad I have been able to help you.

 

If you are happy with my Answer, I would be grateful if you could leave positive feedback.

 

Best Wishes

AL

Expert:  Aston Lawyer replied 3 years ago.

 

Hi again,

 

Please let me know if you require any further assistance.

 

Kind Regards

AL

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