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joannem1965
joannem1965, Advocate
Category: Law
Satisfied Customers: 264
Experience:  I am a solicitor
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my mother has been receiving interest on a small holding of

Customer Question

my mother has been receiving interest on a small holding of stock, held in trust for me and my siblings since my father died in 1950. My mother has now died and I assume that the stock should now be distributed between me and my sisters and the children of a deceased brother. There was however another brother who died about 40 years ago in Australia who was married but had no children and no one in the family has had any contact with the widow who would be in her late 80,s if alive. Would she be entitled to anything?. The total value of the holding is around £800.00 and my father had 5 surviving children.
Submitted: 3 years ago.
Category: Law
Expert:  joannem1965 replied 3 years ago.


If all the beneficiaries agree then the trust could be
brought to an end at any time, even before your mother died. It is called the
rule in Saunders v Vautier.

However the share would normally go to the deceased brothers, including the one
in Australia, only goes to their children if they have any. It does not go to a
spouse.

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