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Kasare
Kasare, Solicitor
Category: Law
Satisfied Customers: 1301
Experience:  Solicitor, 10 yrs plus experience in civil litigation, employment and family law
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i have been looking after an 87 year old man who has made a

Resolved Question:

i have been looking after an 87 year old man who has made a deed of settlement with his son in 2009 which is irrevocable and involved a house which was giffted to the trust.he now says the he was put under undue pressure to sigh this trust. the trust has 3 trustees the farther,owner of the house his son and a solicitor. the house has now been sold and the son wants the money,the son has now been in prison for fraud and theft and has been barred from being a company director and has a proceeds of crime order againt him The farther has no funds to take this to court my question is,

1 can we remove the son from the trust due to fact that he is in prison and is an unfit person to be a trustee,

2 can we dissolve the trust and how would we do this
Submitted: 2 years ago.
Category: Law
Expert:  Nicola-mod replied 2 years ago.
Hello,

I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.

I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.

Thank you!
Nicola
Customer: replied 2 years ago.

ok will wait

Expert:  Nicola-mod replied 2 years ago.
Hello,

We will continue to look for a Professional to assist you.

Thank you for your patience,
Nicola
Expert:  Kasare replied 2 years ago.
Hi, thank you for your question. Do you still need assistance with this?

If so, I must say that trusts are very complicated area's of law and not an area that we can adequately assist you with comprehensively on this type of forum, hence why the solicitor would be seeking funds on account.

Would the solicitor who is also a trustee not be able to assist you?

To assist you, I need to know the precise terms of the trust - was there a provision for selling the property in the trust? Is the son the sole beneficiary or are there other beneficiaries? Did the man, your friend/the settlor of the trust, take legal advise when preparing this trust? How/what pressure was put on your friend?

I may need to ask further questions when you give me the answers, but I will try to assist you as best possible. Nevertheless, in these circumstances, I would strongly recommend face to face legal advice.
Customer: replied 2 years ago.

in answer to your mail i can confirm this,


 


1 yes he did take legal advice with the solicitor who is a trustee,


 


2 yes the son is the sole beneficiary,but there is a sister that was not told of what was going on.


 


3 yes there is a right to sell house


 


4 the farther was at the time under grate strain as is wife had alsimers and was moving into a home.


 


5 the only money this man had was tied up in his house he has no money can he not get legal aid this man has been mugged by is son and he can do nothing about it

Expert:  Kasare replied 2 years ago.
Hi,

A settlor - your friend - can revoke the trust, if the original trust document allows this action. It comes to an end when the settlor fully revokes it.

If the settlor has no power to revoke the trust he must get the court’s permission to cancel the trust. He must satisfy the court that he made the trust as a result of

- fraud, or
- undue influence, or
- mistake.

In these circumstances the trust would be void from its creation.

If the solicitor who helped him create the trust is also a trustee and he has sold the property, he should ask for his assistance with this now - has he?

Unfortunately, without sight of the documents, seeing the gentleman in question and discussing this fully, it is very difficult to give any more than this general answer!

I hope this does assist.
Customer: replied 2 years ago.
we have contacted the trustee but he will not engaged with us and tells us to go and get legal advice what court would we need to apply can it be in a country court or magistrates court
Expert:  Kasare replied 2 years ago.
Do you mean the solicitor trustee or the son?
Customer: replied 2 years ago.
solicitor will not talk to us and son is in prison for fraud
Expert:  Kasare replied 2 years ago.
Is the solicitor still practising - is he in a small or large firm?
What specifically has he said to your friend about this?
Has he said he cannot assist or simply will not discuss?
Customer: replied 2 years ago.
its a very large firm will not discuss with us direct we have to engaged a solictor and is a personal friend of son
Expert:  Kasare replied 2 years ago.
I see. Do you know if the trust contains a provision a to end it? I am afraid that if you and he are not sure, he will certainly need to go and see a solicitor. Given his age, perhaps the Citizens Advice or Age UK can assist, they do have contacts with various lawyers to give advice to pensioners?

There is difficulty ending or revoking a trust without the permission of the beneficiary (i.e. his son), therefore it would be likely that he will need to issue legal proceedings to avoid a settlement under the terms of the trust. This would usually be done in the Chancery Court.

Where is the money received for the house?

If this is with a law firm, he will need to put them on notice that they should not distribute the funds without his permission due to imminent legal proceedings.

I am sorry and sympathise with your friends position but I really do recommend that he obtain formal advice with a review of the documents - whilst it may be he does not have money at this stage - obviously if he is able to revoke the trust, he will have the funds from the sale of the property.

Kasare, Solicitor
Category: Law
Satisfied Customers: 1301
Experience: Solicitor, 10 yrs plus experience in civil litigation, employment and family law
Kasare and 2 other Law Specialists are ready to help you
Customer: replied 2 years ago.

at the moment the trust is holding money in bank account the son is trying to close the trust but we are refusing to sign the dockment to do this as the trust states that he can not receive money wiles is morthet and farther are still alive

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