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Ask Buachaill Your Own Question
Buachaill
Buachaill, Barrister
Category: Law
Satisfied Customers: 10540
Experience:  Barrister 17 years experience
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My mother always told me that this house would be mine after

Customer Question

My mother always told me that this house would be mine after her death.I had moved in 5 years previously to care for my father and then my mother until their deaths. My mothers will was changed from a mirror copy of my late Fathers which was more traditional, to one which was written by and witnessed by her lawyer who was also named as a Trustee of the will.
My mother left all finances in trust for the future care of my sister who has disabilities She has always been cared for by the State and continues to be. In the 3 years since.my mother's death, my sister has not received a penny nor have I. All correspondence is taking a long time to achieve an answer from the lawyer.,sometimes months.
I do not have any trust in this lawyer to see that the fund is properly managed .
I have continued to live in this house, rent free, as I consider this to be my home even though the Trust was going to sell the house and find me somewhere else to live which the trust would own.This has not happened.
I am now retired and am living on a single persons pension.
This whole business smells bad to me and I would appreciate your opinion.
Thank you. Christine
i
Submitted: 2 years ago.
Category: Law
Expert:  Buachaill replied 2 years ago.
1. I would advise you to make an application under the Trustee act to court to seek to have the lawyer removed as trustee owing to a dereliction of duty. There also appears to be a conflict between the lawyer's own fee generation ability and the proper running of the trust in favour of your sister. In your application, I would recommend you also include an application to appoint you or some other interested person in place of the lawyer as trustee. Be aware additionally that there must be two trustees for a trust to be validly constituted. So there ought to be some other trustee other than the lawyer and you should seek to replace them as well. This also means that you must get someone else as well as yourself who is willing to act as trustee in the trust.2. Additionally, in your question, you state that you didn't get anything yourself. If the lawyer is administering the will part of which is not a trust, then you should get the lawyer replaced as executor of the will as well and finish the probate of the will. Otherwise if you are also a beneficiary under the trust, you cannot act as trustee. However, you can still get the lawyer removed as trustee and someone else appointed in her stead.