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LondonlawyerJ
LondonlawyerJ, Solicitor
Category: Property Law
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Experience:  Experienced solicitor
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Hi, is breach of duty to a trust a criminal offence? E.g If

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Hi, is breach of duty to a trust a criminal offence? E.g If a family of 5 is left a property by virtue of intestacy (creating an implied trust) if two of the trustees take effective control of the property and make personal gain or deny the other 'trustees' a fair share of any profits...is this a criminal offence or to be pursued in the civil court?
Submitted: 2 years ago.
Category: Property Law
Expert:  LondonlawyerJ replied 2 years ago.

LondonlawyerJ :

He

LondonlawyerJ :

Hello I am a lawyer with over15 years experience I will try to help you with this.

LondonlawyerJ :

The short answer is that it could be both. I what way have the trustees benefited? Is it other trustees or the beneficiaries who have suffered los?

Customer: Hi, good point. I don't know who the beneficiaries would be. As one of 5 being left the property I assume we hold it on trust for each other. At least I assumed we have the right to benefit equally from any profits. My sister has rented it to a distant relative (who is making a lot of money from the site and my sister I suspect is keeping the rent money or sharing profits thus excluding the rest of us. I don't want the money, just to secure my right to the propery for my kids. I want my share to go to charity.
LondonlawyerJ :

Intestacy is complex and creates a situation where there is a hierarchy of beneficiaries who benefit in different proportions according to the somewhat arcane rules. All the obvious relatives will be potential beneficiaries and will have an interest in the property and income derived from it. Has anyone applied for a grant of representation to deal with the probate issues around the estate. If not someone needs to do this. Am I right in thinking that the property is the property of your parents who have both now died. I would have thought it would be a very good idea for you and your siblings to discuss what should be done with the property and who should be dealing with it and how to account to the other beneficiaries for any profit. This needs to be done quickly or relationships within the family could soon sour. It would make a good deal of sense for you all to agree if possible to appoint a solicitor to act as a trustee and to advise on what steps to take next.

Customer: replied 2 years ago.
We did agree to rent the property out and keep the money in equal shares but for my share to go to a charity. It is our parents land and property who have both died yes. It seems as though my sister is keeping the money and my distant relative making a lot of money from the business run from the site. How can I enforce my right in equity? Also my other brothers rights who are being ignored by my sister.
Expert:  LondonlawyerJ replied 2 years ago.
Thankyou for that I am in a meeting for most of today but will answer when I get a chance later today or this evening
Expert:  LondonlawyerJ replied 2 years ago.
Someone needs to get a grant of representation and deal with the probate and tax issues. There are penalties for dealing with probate and tax issues late. Your sister cannot simply carry on dealing with the property as if your mother was still alive and consenting to her doing what she is doing with it. Look at this http://www.hmrc.gov.uk/cto/customerguide/page4.htm#11
and this https://www.gov.uk/inherits-someone-dies-without-will
for advice from Gov't websites. The probate should be dealt with within 12 months of the end of the month of death. If your mother's estate was worth more than £325,000 inheritance tax will be payable. Late filing (same time limit) for IHT will lead to penalties being imposed.

You and your brother's should probably see a lawyer face to face about about this.
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