1. Trust deed attached - I hope. If not please send me an email address to send it to you.
2. There were no funds (and no activity) at all for over 12 years, but the founder (who died in 2010) left £750K in his will. This was as the result of undue influence by one person who thought he would have control of these funds and said that he would fight someone else ‘for the Trust’. I am very uneasy as I know that the founder (a friend of mine) had given up on the Trust and was ‘glad to be rid of it’.
In his will there is a clause that any bequests to charities should be made only if they have operated in the twelve years before his death. I do not have a copy of the will, but have asked the next-of-kin to send me the relevant clause.
The deceased’s family, most beneficiaries under the will and close friends of the deceased feel that the Trust should not be revived or re-instated with the Charity Commission who removed it in January 2011, two months after the founders death though they were unaware of his death..
3. Presumably if the Trust did not exist then it cannot be a beneficiary especially if the deceased made it a condition that it must have been operating within the last twelve years.
Therefore I need to know whether the Trust existed in view of the following facts:
A. It was inactive for 12 years before the death of its founder and final trustee.
No funds passed through the account during this time.
B. For four years before the death of the founder and final trustee it did not have the minimum number of trustees require by the Trust Deed.
The next of kin (who is very ill and therefore has asked me to explore this matter) has already been given conflicting opinions:
1. The lawyer who drew up the will says that the Trust no longer existed at the time of his client’s death.
2. The independent administrator of the estate says that it did exist.
I am looking for a definitive answer or at least a consensus of opinion so I would be very grateful for any light that you can throw on the matter.