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Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10451
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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I am an executor and a trustee of my late x wife , the 2 other

Customer Question

i am an executor and a trustee of my late x wife , the 2 other executors and trustees (discretionary trust) are both lawyers, i have had a meeting with them and we have split the tasks up to establish estate value but i have not had sight of the EOW ot any trust documents if i am a joint executor and a trustee of a trust should i not by default have sight of these documents? all i have is verbal EOW from the lawyers/ executors
Submitted: 1 year ago.
Category: Law
Expert:  Aston Lawyer replied 1 year ago.
Hello and thanks for using Just Answer.
My name is ***** ***** am happy to assist.
You are indeed entitled to see the Will and any EOW your late Wife may have signed.
There's no reason why the professional Executors want to withhold this from you, and I therefore suggest that you ask for copies.
Not sure if you need any more information, but please let me know if you do.
Kind Regards
Al
Customer: replied 1 year ago.
Thanks Aston, and if i am a trustee of the discretionary trust the estate will go in to i should be entitled to see this to?
Expert:  Aston Lawyer replied 1 year ago.
Hi,
Thanks for your reply.
Yes, you are indeed to see the discretionary trust document.
Kind Regards
Al
Customer: replied 1 year ago.
myself and x wife own 5 properties value 1.1 million tenants in common carrying 400k debt ultimately the discretionary trust of which i am a trustee set up by my late wife will own 50% of the 5 properties , I wish to sell all 5 and furnish the trust with there 50% the professional executors are telling me i cant do that but they will when they have time?
Expert:  Aston Lawyer replied 1 year ago.
Hi,
Even though you both held the properties as tenants in common, the legal title to the 5 properties passes to you as sole legal owner, meaning that you are entitled to sell them, PROVIDED her 50% share passes to the Trustees of the discretionary trust, so that the capital can be invested or otherwise, in accordance with the terms of the discretionary trust.
I therefore do not see any reason why you can't proceed with the Sales.
Kind Regards
Al
Customer: replied 1 year ago.
then Aston i think i need advice and probably a chat to confront my joint executors and trustees, its in the best interest that the executors and the trustees can work together but i have to be mindful that i am not rail roaded
Expert:  Aston Lawyer replied 1 year ago.
Hi,
Bearing in mind what is at stake, I agree that you do need to sit down with a local Probate Solicitor and he can liaise with your fellow Executors.
Good luck.
Kind Regards
Al
Aston Lawyer and other Law Specialists are ready to help you
Customer: replied 1 year ago.
sorry Aston last one, are you suggesting rather than i try to work with my fellow executors and trustees (and i am out of my depth legally) i should engage my own solicitor to oversee proceedings?
Customer: replied 1 year ago.
dont know if you got that
Expert:  Aston Lawyer replied 1 year ago.
Hi,
You just need a Soliciotr to make sure your fellow Trustees are doing as they should- you may only need one appointment for advice, and feel that you are sufficiently armed to deal with your Trustees personally, or if things do not go as you think they do, your Solicitor can correspond formally with your fellow Trustees, on your behalf.
Many thanks for your positive feedback.
Best Wishes
Al