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Nicola-mod
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Category: Scots Law
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Experience:  Moderator
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My son's aunts set up an account son as he was diagnosed

Customer Question

My son's aunts set up an account for my son as he was diagnosed with cancer. Sadly he passed in October, when i asked them to close the account & send what was left to a charity of my choice they refused. I also asked for copy of statements again refused, what can i do to resolve this?
Submitted: 1 year ago.
Category: Scots Law
Expert:  JGM replied 1 year ago.
Thank you for your question.
In whose name was the account?
Customer: replied 1 year ago.

It is called the braeden trust, the account holders are the aunts

Expert:  JGM replied 1 year ago.
If the money is held in the aunts' name then you have no legal rights here at all.
If the money is in the name of your late son, you, as representative and beneficiary would be entitled to the fund.
Customer: replied 1 year ago.

The cheque i received was in The Braeden Trust name but with his aunts signature, what does that mean?

Expert:  JGM replied 1 year ago.
It means that the aunt is a cheque signatory which is turn means that she probably controls the trust and is a trustee. As there is a legally constituted trust the money would not pass to your son's estate but would remain in the trust.
Customer: replied 1 year ago.

and where does the money go, it's a business account, i have no say or no way of finding out what my sons money which was raised for him?

Expert:  JGM replied 1 year ago.
You need to see what the trust says about that.
Customer: replied 1 year ago.

they have cut me off as soon as i ask about it, nothing i can do then? i could open an account in someones name as a trust & do what i want with the money ? basically you can't help?

Expert:  JGM replied 1 year ago.
No that is not correct. A trustee has to follow the Deed of Trust. I can't answer your question if I can't see the Deed. If you were to get your solicitor to write, she may go to her own solicitor and you may get an answer but without knowing what is in the Deed of Trust it is difficult.
Customer: replied 1 year ago.
It is not a trust deed fund, it's just a bank account, business charity account.
Expert:  Nicola-mod replied 1 year ago.
Hello,
It seems the professional has left this conversation. This happens occasionally, and it's usually because the professional thinks that someone else might be a better match for your question. I've been working hard to find a new 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
Customer: replied 1 year ago.

Hello Nicola, yes i am willing to wait, thanks.

Expert:  Nicola-mod replied 1 year ago.
Hello,
We will continue to look for a Professional to assist you.
Thank you for your patience,
Nicola
Expert:  Nicola-mod replied 1 year 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 1 year ago.
Yes please
Expert:  Nicola-mod replied 1 year ago.
Hello,
We will continue to look for a Professional to assist you.
Thank you for your patience,
Nicola
Customer: replied 1 year ago.
Thank you
Customer: replied 1 year ago.
Thank you

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