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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33514
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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I am enquiring on behalf of my husband and son who raw the

Resolved Question:

I am enquiring on behalf of my husband and son who raw the only child and Grandson of the deceased.
Please can you look at the following will and explain to me if there is a trust . If a trust exists how I can legally go about gaining access to the trust or at least knowing how much would be in the trust. Two people man and wife friends of the deceased have been named both as executors and trustees and the deceased has given everything which they own and which they can dispose of by will to the trustees who shall hold the estate.
The will is dated 1st Dec 2011 ,the deceased died aged 93 on 19April 2014 . Power of Attorney was also granted on the Ist Dec 2011 and both invoices were sent to the trustees .

In the will it states that in administering my estate and any trusts arising out of my will my trustees shall have the following powers,l
4.1 to raise any money for purposes of my estate or any trust under my will and to charge any part of my estate or trusts by way of security
4.2 to lend on such terms as my trustees think fit to anyone entitled or on the exercise of any power or discretion of becoming entitled under my will and my trustees may charge all or part of such a loan against property to which the recipient of the loan may be entitled to absolutely under my will.
4.3 To insure against the risk of a failed potentially exempt transfer made by me.
4.4 to treat as a testamentary expense the cost of packing carriage and insurance incurred for the purpose of giving effect to any legacy or any gift which results from a note of wishes relating to my personal possessions
4.4 to pay reasonable charges. From my estate for deducing title to property completing any assent and registering such assent
4.6 to appropriate in accordance with section 41 of the Administration of estates Act 1925 but without the need to obtain such consents as are there referred to
4.7 to appropriate to any beneficiary who is also one of my trustees without the need to obtain consent from any other person other than the remainder of my trustees( if any)
4.8 to treat income and expenditure as arising when payable and not from day to day so that no apportionment shall take place
4.9 to apply for the beneficiary who is under the age of capital entitlement or who has a contingent interest the whole or any part of the income from capital to which the beneficiary is or may become entitled and
4.10 to pay or apply for the beneficiary who is under the age of capital entitlement or who has a contingent interest the whole or any part of capital to which the beneficiary is or may become entitled
Hope you can help as I have looked everywhere on the internet without success
Jennifer
Submitted: 2 years ago.
Category: Law
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
What is the actual wording of the gift to your husband and son?
Clare
Customer: replied 2 years ago.
Hello Clare, neither, my husband or son are mentioned in the will . They have not been gifted anything.
Expert:  Clare replied 2 years ago.
Hi
So who has the estate been left to?
Clare
Customer: replied 2 years ago.
The two trustees,are husband and wife .the beneficiary is the wife ,but if she had died before the deceased then it would go to the husband. They are also the executors of the will and had power of Attorney registered at the same time as the will was drawn up. They are not relatives. The deceased knew them through the woman's father whom the deceased had a relationship with .
Customer: replied 2 years ago.
Hi Clare , I await a reply please
Customer: replied 2 years ago.
Relist: Other.
Clare has not answered my question only asked me what I have already stated in the information of my question . Plus I have been on here since 2-00 this afternoon she came online around 6-00 and as you say she is already off line without a by your leave I am very disappointed
I would like a refund as I believe I am getting nowhere.

Expert:  Clare replied 2 years ago.
Hi
My apologies - we are all working lawyers which means that we cannot be permanently online
Looking at the Will,
after it says that they shall hold the estate upon trust should come the words " for such of" - what comes after that.
When the Will made and Power of Attorney were made what contact did your husband have with his mother?
Clare
Customer: replied 2 years ago.
Hi Clare, sorry also. It's just I need to know what I should do before it's too late.
To your question
The will says
I appoint as executors and trustees ( my trustees ) ***** ***** and Lorraine smith of an address
After payment of my debts and funeral expenses and testamentary expenses I give everything which I own and can dispose of by will ( my estate) to my trustees who shall hold my estate:-
3.1 for Lorraine but if she died before me
3.2 for Brian
My husband and his family had close contact with his mother until they moved her and their sick father from his house to live in an area near them. Which was a long distance away. The Father died 4 months later, she wanted to stay in the area and they wished to look out for her. She was 90 at the time. We still had contact with her by phone and letter sometimes. My son and his partner saw her on several occasions. My husband was told of the Power of Attorney by the solicitor, who sent a letter , and a form if he had valid reason to object . There seemed to be no reason that he could object, plus they the nearest to be in that position. There was no mention of a new Will being made. However they were both signed on the same day.
Do you think there could be a "Trust" ? Reading the Will. Maybe something to do with what the deceased fathers estate.
Jennifer
Expert:  Clare replied 2 years ago.
Hi
No the wording that you are referring to relates to the Trusts that are created in every Will to allow the Executors to manage the estate.
The way forward is to place a Caveat on the Will if probate has not been granted and to challenge the Will on the basis of Undue Influence
You could query the issue of Mental Capacity but since you did not do so when you received notification of the Power of Attorney this would be more difficult
You shoudl certainly write to the solicitor who prepared the Will - referring to the case of Larke v Negus - and ask for a copy of the Will file so that you can determine whether or not the solicitor ensured that he saw his client alone.
You can read more about challenging a Will here
http://www.access-legal.co.uk/free-legal-guides/A-guide-to-contesting-a-will-5006.htm#.U7PofpSwKsY
Please ask if you need further details
Clare
Customer: replied 2 years ago.
Thankyou Clare
Sorry for the delay I have been in a car accident so was unavailable .Thankyou you for you information I would like to check it out the site to see if there is anymore I need to ask you, however I am pleased with your help and will rate you highly .i will get back to you thanks again
Jennifer
Expert:  Clare replied 2 years ago.
Hi
I hope all is well and that you are not too shaken
Clare
Customer: replied 2 years ago.

Hi Clare ,I'm ok now thank you.
How would I word the reference to the solicitor regarding Larke vNegus ? Would it be to say that we were not notified of the fact that she was making a will and that he should have been aware that she had already at her own instigation and the help of the POA executor and beneficiary the one and same person, been on three occasions prior to making the will to a memory clinic in November 2010 when at her previous address in Essex, also in May 2011 which showed a recent mini stroke, then in July 2011 to a clinic in her new address arranged by her new doctor for initial tests and a brain scan . She had outpatients appointments and results showed onset of Alzheimer's disease starting two years previous in 2009.

To whom would I write to place a caveat ? also would I challenge the will at the same time with the same person.
Letters and Birthday cards were signed to my husband with All my love , all my love as always and your loving Mum and lots of xxxxxxxx
It seems impossible that she could have forgotten her only son whom she worked with everyday in the family business for 40 years and was a frequent visitor to our house until she moved away .
Jennifer
Expert:  Clare replied 2 years ago.
Hi
A simple letter confirming that you are seeking a copy of the file under the rule in Larke - v - Negus is fine, no need to say anything else at this point.
You can find details about placing a Caveat here
http://www.charlesrussell.co.uk/UserFiles/file/pdf/Trust%20&%20Fiduciary%20Disputes/T&FDEntering_a_Caveat_at_the_Probate_Registry_-_March_2009.pdf
Once you have done this and got the copy of the file then you write to the Executors and make it known that you intend to challenge the Will
Clare
Customer: replied 2 years ago.
Hi Claire will my letter to the solicitor be confidential. Thank you for all your help you have given me excellent advise and information.
Jennifer

Expert:  Clare replied 2 years ago.
Hi
The solicitor will almost certainly notify the Executor of the enquiry - which is why you keep the letter very neutral
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33514
Experience: I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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