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Buachaill
Buachaill, Barrister
Category: Law
Satisfied Customers: 10623
Experience:  Barrister 17 years experience
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I'm trying to find out what the obligations are to p

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I'm trying to find out what the obligations are for trustees to provide reports on estate held for grandchildren following the death of the resident wife. My partner's grandfather died, left the house to his second wife but the rest of the estate to be divided up between his grandchildren at the point she died but there have been no reports or accounts etc. What would happen if she just sold the land etc? She has sacked trustees and appointed her own. What legal redress is there?
thanks
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
Expert:  Nicola-mod replied 2 years ago.
Hello,
I apologise as we have not yet been able to find a Professional to assist you. Do you wish for me to continue to search for someone to assist you or would you like for us to close your question at this time?
Thank you for your patience,
Nicola
Customer: replied 2 years ago.
Yes I would like you to dins someone who understands wills and trustee issues to resolve my query.
Thanks
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:  Nicola-mod replied 2 years ago.
Hello,
Please understand it is rare for us not to be able to find the right Professional to assist our customers. We can close this question and return your good faith deposit to the original funding source on request.
Please let me know how you wish to proceed and again I apologize for any inconvenience this may have caused.
I hope you will give JustAnswer a try again in the future,
Nicola
Customer: replied 2 years ago.

No - it can't be too difficult to find someone who is a legal expert in probate law surely? I look forward to hearing from you.

Thanks

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
Customer: replied 2 years ago.

Could you advise why this is taking so long?

Customer: replied 2 years ago.

I am still waiting for informaiton

Expert:  Buachaill replied 2 years ago.
1. At the outset, you need to realise that all of the beneficiary grandchildren can come together and bring the trust to an end and have the monies or assets distributed among them all. So, this is the ultimate nuclear remedy should all of the grandchildren so wish. Secondly, this woman is not settlor of the trust. So she would not hold the power to appoint the trustees. Can you tell me what is the method of appointment of trustees laid down in the trust. Be aware that any beneficiary can apply to court under the Trustee Act or the 1996 Trusts and Appointment of Trustees Act for appointment of a trustee or the replacement of an existing trustee. Normally, such an application would be based on some cause or misbehaviour. But this does not have to be so. However, be aware that any of the beneficiaries will get any of the existing trustees removed for cause. Thirdly, any beneficiary is entitled for an account of the trust and the assets of the trust at any stage from a trustee. This is both a trust law right and is also enshrined in the Trustee Act. So here, one or more of the grandchildren beneficiaries should write to the trustees and seek an account. Failing a proper account, the intervention of the court can be sought under the Trustee Act to have full details provided. Additionally the trustees could be removed. So here, the grandchildren beneficiaries are not without their remedies. They should just get a good solicitor to represent them.
Customer: replied 2 years ago.

Thank you for this helpful information. I believe the second wife has appointed her own trustees. When my partner asked for a report on the state of the Trust the solicitors advised that it would take about £6K to prepare such a report. I had hoped it would be a legal requirement to provide such details.

I am heartened that we have a direction and a basis of Law on which to progress this. It's been a source of stress to the aging grandchildren that potentially this inheritance is being whittled away and that would be against their grandfather's wishes.

I'll be back in touch shortly. Thank you.

Expert:  Buachaill replied 2 years ago.
2. There is a legal requirement for the trustees to provide an account and information about the trust to the beneficiaries. However, it is important that one of the beneficiaries formally writes to the trustees and requests it. Here, I would advise a solicitor's letter to bring reality to the situation. I am not sure that your partner is a beneficiary. That is one reason why he may have been rebuffed ie he could not force the issue. Please RATE the Answer as this is necessary in order that your Expert gets part of the monies you have lodged with the website. I will schedule a reminder should you so wish.
Buachaill, Barrister
Category: Law
Satisfied Customers: 10623
Experience: Barrister 17 years experience
Buachaill and other Law Specialists are ready to help you
Customer: replied 2 years ago.

Hi

Thank you again for this. Yes my partner is one of the beneficiaries along with 12 others and the Estate was quite sizeable (land etc). The house was left to the second wife but the remainder of the estate was to be divided after her death I believe. This goes back to the 80s and despite requests they have never been provided with a report. When asked she has changed solicitors and one of the previous Trustees has died so she's appointed someone else. All seems rather lacking in patency to my un-qualified mind. The idea that the beneficiaries should have to pay around £6,000 to ask the solicitors to prepare the accounts etc seems ludicrous and perhaps designed to put them off.

I will get more information and in the meantime rate what I've learned from you.

Many thanks for your reassuring comments so far.