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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 9605
Experience:  I have been practising for 30 years.
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My mum has recently died. In her will she has left me and my

Customer Question

My mum has recently died . In her will she has left me and my daughter money but we are not allowed to have the money for 10 years. My mum died of cancer and she went and died in Ireland with her brother leaving me and my brother here . I was executor of the will with my brother before she wen t to Ireland but I was taken off and my uncle and auntie was put on . I am nearly 50 my daughter is going to university and we would like the money now , save us getting in to det to pay for her . My mum died of cancer and she was on morphine . John my bother who is still an executor agrees with me . What can I do thanks alan
Submitted: 3 months ago.
Category: Law
Expert:  F E Smith replied 3 months ago.

If all the beneficiaries are of full mental capacity and over 21 years of age, then even if the will says that the money cannot be obtained for a period of years or until someone reaches a certain age, then under the rule in Saunders v Vautier, any trust created by a will (or any other trust) can be brought to an end and the proceeds distributed. I emphasise that all the beneficiaries must agree and that includes any beneficiaries who get the remainder interest if anyone has been granted a life interest. Remainder interest is property that remains if someone has been granted the use of something for life and then they either die or no longer want it.

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Best wishes.

FES.