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Alex J.
Alex J., Solicitor
Category: Law
Satisfied Customers: 3667
Experience:  Solicitors 2 years plus PQE
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yes my house was set up under a trust with my sons -the solicitor

Customer Question

yes my house was set up under a trust with my sons -the solicitor who did this said it would not effect my rights on who owns the house - however moving on the house has recently been sold but not before I had I had to seek the other trustee's permission (my sons ) this caused all sorts of problems and now means I have 50% of the money and the balance is joint owned by the trustee's - my reason for me contacting you is that I believe I was not told of the consequences about what would happen when the house was sold I felt the advice given by the solicitor who set up the will did not explain this to me -
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.

In will see what the next few days will bring thanks for your e-mail which I have just seen now

*****@******.***

margaret

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:  Alex J. replied 2 years ago.
Hi
Thank you for your question and welcome.
My name is ***** ***** I will assist you.
Did you have a retainer letter with the solicitor?
What loss have you suffered as a result of this advice?
Kind regards
AJ
Customer: replied 2 years ago.

the loss was that the money is split between myself and sons meaning anything that i want to do (involving their percentage)requires their permission i was not advised on this by the solicitor who said the money would be mine in my lifetime it now means I have half in my own right and the trustees( my sons and I own the other half ) and if all the money is used to purchase another property my sons would have a guarantee that when I am no longer here they know that at least half would be theirs regardless

do not know what a letter retainer is so believe I have not got one

Expert:  Alex J. replied 2 years ago.
Hi,
Thank you.
Did the solicitors when they were advising you send you a letter stating the terms and conditions upon which they would advise you?
Kind regards
AJ
Customer: replied 2 years ago.

thanks for your response - I am sorry but as this was some 5 yrs back my memory is not so good and looking through my file I don't appear to have such a letter (of which I recognise as being such )

sorry cannot be more precise

*****@******.***

Expert:  Alex J. replied 2 years ago.
Hi,
Thank you.
As it has been five you are potentially just in time to make a claim. The cut off point is 6 years.
If you were negligently advised then you will need to take the following action:
1. Write to the solicitors and detail your complaint - why you were not advised properly and the loss you have suffered;
2. If they do not take your claim seriously or provide a proper response then your next option is to complain to the Legal Ombudsman - www.legalombudsman.org.uk/
In the mean time can you tell me are the trustees refusing to release the monies?
Kind regards
AJ
Customer: replied 2 years ago.

thank you for the reply and for some reason I have only just picked up on this - the trustees are my sons as well as myself so ALL have to agree on where the money is spent -the implications of this means my sons want to invest in buying property ( thats also OK with me but i do feel it should have been my decision alone and like said before I was not advised about this when the trust was set up

Expert:  Alex J. replied 2 years ago.
Hi,
Thank you.
I think then your next step has to be to ask the solicitor to explain why you were not advised of this.
If you have your file from the solicitor you should have a record of what you were and were not advised. Request your file from the solicitor and then put your concerns in writing to the solicitor.
This comes down to whether the solicitor was negligent in advising you or not. If they were they will be liable to for the losses suffered.
Kind regards
AJ