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Nicola-mod, Moderator
Category: Law
Satisfied Customers: 9
Experience:  Moderator
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Hi, My younger brother and I have set up a trust three years

Customer Question

My younger brother and I have set up a trust three years ago as specified in my late father’s Will. The trust is the property that was solely in his name, my mother who is in a nursing home has the benefits of income/interest from the trust during her lifetime. The house needs to be maintained and ideally rented out for income for my mother. My brother has been against this idea from the start. He lives a few miles from the house and has not done anything towards maintaining or looking after it for at least two years. I live 80 miles away and have been sorting out the post and general maintenance on the house, when I went down to visit my mother. Because of my brother’s continued inactivity I started with the help of my partner to refurbish the kitchen in February. In September/October he found the work in progress and became very angry, he spoke with my partner and demanded that the work was stopped. My partner wanting to keep the peace agreed to this and said he would remove his tools. My brother has not spoken to me since February and is very reluctant to answer or deal with me in any way.
There were problems with the care that my mother was receiving at the nursing home that went on for about 18 months; I dealt with this problem as my brothers didn’t want to get involved. During this time I also had Power of Attorney, this was taken away by my younger brother in May because the nursing home were threatening to evict my mother unless he had Power of Attorney because they only wanted to deal with him. My mother now lives in Peterborough near me, even though my brothers didn’t want her to leave. During this transition time I have paid about £3000 in care home fees and other expenses for my mother that my brother has not reimbursed me for. My mother wants me to be reimbursed, but her memory isn’t good and as he rarely speaks to her and she cannot call him. He is also very angry with my mother, he has made one unannounced visit and one phone call in the ten weeks that she has lived here.
There are letters addressed to my mother that have left unopened in the house since he became Power of Attorney. I know he has been there recently because he showed her a video of the property on his visit. The boiler has broken down and needs repairing, I fear that the building will fall into disrepair. I am unable to continually travel back and forth to deal with the house as well as look after my mother as I have been doing for the last eighteen months or so.
I want to know want I can do as my brother isn’t taking his legal obligations seriously and seems to be using the situation as a way of bullying me.
I have copied and pasted the original question, what else would you like to now?
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.

Thank you for your question. My name is Jo and I will try to help with this.

Do you want to remove him? Or just compel him to act?
Customer: replied 2 years ago.

That's a very good question. Are you referring to the Trustee or the Power of Attorney ?


If both the answer is probably similar.




Trust - ideally compelling him to act, though I can't see that working because of the past experiences. So, removing him would not be ideal but may be the only way for it to work for my mothers benefit.


Power of Attorney - as above really, only problem my mother has said that she won't sign another document because of the stress that she was put under to sign the form for my brother.

Expert:  Jo C. replied 2 years ago.

If he is just plain not complying with his duties either under the Power of Attorney or his duties as a Trustee and will not do so then your only alternative is to have him removed and replaced.

That involves a court application which he may defend. Of course, if he ignoring his responsibilities then that is not likely.

As he is likely to ignore any representations you make to him, you might want to writing to him or getting a solicitor to do so making the point that unless he complies with his duties as trustee and attorney then you will apply to court to have him removed and seek costs against him.

You are also entitled to be refunded any money which you have spent on care.

Can I clarify anything for you?

Expert:  Nicola-mod replied 2 years ago.

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