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Jo C.
Jo C., Barrister
Category: Law
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Experience:  Over 5 years in practice
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My deceased sister set up a trust fund for her only son who

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My deceased sister set up a trust fund for her only son who is learning disabled. He had been in residential care about 6 years at the time of her death and remained there for another 7 years or so. For many reasons, his residential care came to an end and it was a terrible worry to us as to where he would end up. As a result, I offered to take him in until a suitable place was found for him - that was over 2 years ago and he still lives with me. Things are working out OK and he attends a day centre daily. My question is, as I am now the primary carer of my nephew, should I not be solely responsible for his trust? The circumstances have totally changed from what they were when the fund was set up and it is extremely unlikely that he will return to residential care. A sister who has little to do with my nephew is the main person named on the trust fund (which, I might add was a mistake by the solicitor at that time). Relations are a bit strained with that particular sister and I don't think it's right that she has access to the trust and I have to go 'cap in hand' to her when I need something extra for my nephew. I would be very grateful for any advice of help you can offer. Thank you.
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.

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

What would you like to know about this?
Customer: replied 3 years ago.

I want to know how I can gain sole access to my nephew's trust while I am caring for him. The trust was set up because he was in care but he is very likely to live with me for some time to come.

Expert:  Jo C. replied 3 years ago.
Thanks.

If your sister will not agree to resign as trustee and for you to take over, then you are faced with an application to court.

You cannot bring a successful court application if the only reason for wanting the change is the inconvenience and having to ask her whenever you need any money for the child’s benefit.

In fact, the courts are likely to want an arms length trustee who has no vested interest in how the funds are allocated.

If you ask for money, which is for “education, maintenance or benefit” which are your only grounds and you think that the request is quite reasonable and it is denied, then you have grounds to go to court, although that is a much different reason from the one that you mentioned earlier.

Can I clarify anything for you?

Jo
Customer: replied 3 years ago.

My main concern is that the money is being used/spent by her for everything and anything she decides - this has caused some friction between us as she really rarely sees our nephew. I just don't think it's fair that she has access to this fund and does nothing for him - while I look after him day and daily and don't have a say in what she does with his money.

Expert:  Jo C. replied 3 years ago.
I do not know what you mean when you say that she was spending money "for everything in everything she decides."

If she is not acting in the child's best interest, you can make a court application to remove her.

You do have a say in what happens to the money because if you need money for anything, you ask for it and if it is a reasonable request for the child and she will not let you have it, you take her to court and if the court agrees with you, the court will either remove her or make her release the money and will order her to pay the court costs personally.

I agree with what you are saying but can only tell you the view, the court takes. If your sister will not resign, you are faced with a court application. It really is as simple as that
Jo C., Barrister
Category: Law
Satisfied Customers: 69997
Experience: Over 5 years in practice
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Expert:  Jo C. replied 3 years ago.
Thank you for the positive rating and remember that I am always available to help with your questions. For future information, please start your question with ‘FOR JO C’. You can also bookmark my profile http://www.justanswer.co.uk/law/expert-remus2004/

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