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familylawexpert, Family Solicitor
Category: Family Law
Satisfied Customers: 311
Experience:  Substantial experience (14yrs +) in divorce, financial cases, cohabitation, pre-nuptial agreements and civil partnerships.
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My biological father left my mother 9 months after I was born

Customer Question

My biological father left my mother 9 months after I was born (feb 87 approx) I'm now 27 and live in house which he paid for as 5 years ago he randomly called my mother and told her 'he'd like to buy me a home'.
I took this as it was financial security for me and also so my mother would not have to worry about me getting on the property market. However the money he used was put into a trust supposedly for my benefit so I didn't fritter it away. I can understand that but a little presumptuous considering he does not know me. So 5 years down the line I want to move to a bigger house and need 'permission' from him and the trustees which are him, his business partner and my parents(step dad but he IS my dad). So now comes the back tracking of no strings attached when I took him up on his offer he said there was no obligation to start seeing him. I'm not comfortable with this at the moment yet whenever he has sent birthday/x mas cards I always send him a thank you. Not much but I'm not rude. So now I want to move I've asked his advice and now he's disappointed and feels I have no integrity and lots more patronising statements. How on earth do I proceed from here??? I don't know of anyone who's experienced something like this and don't know what to do!! Thanks
Submitted: 4 years ago.
Category: Family Law
Expert:  familylawexpert replied 4 years ago.
My name is Mac and I will be able to help you with your question,

How much do you know about the trust? Who are the trustees etc?
And are there other beneficiaries?

Please bear with me, I may be a bit slower to respond than normal, but I can definitely help you this evening.

Customer: replied 4 years ago.
Thanks Mac I would appreciate anything I can get! I know the beneficiary is me and the trustees are my mum and dad my biological father and his business partner who I have no idea who he is.

I feel trapped now as I obviously can't discuss anything with him as he thinks it's all financial I was only trying to include him but he just thinks I'm after his money. I never asked for it but I'm not that sort of person and this will have to happen everytime I want to move. I'm not up for the emotional blackmail he's giving out because I don't want to see him! I can't help the way I feel I have my mum and my dad that brought me up he's a stranger to me at the end of the day and now I'm a parent my first priority is my son.
Expert:  familylawexpert replied 4 years ago.
Do you have, or can your mum/stepdad get, a copy of the trust deed? There will be information in there about the purpose of the trust, the duties of the trustees, and any fallback beneficiaries. As a starting point the trustees have to act in accordance with their duties as trustees and cannot just take into account irrelevant extraneous factors, like your bio dad's disappointment.

The trustees also have to act in coordination, so should vote on every decision. Your bio dad would have to express his reasons for voting, which could be recorded and could then be challenged if it was outside the factors they're supposed to consider.

I'm going to send this as an Answer, but please feel free to ask for any more info.

Expert:  familylawexpert replied 4 years ago.
Hello there,

You haven't responded to my last post (and you didn't have to, of course), but I notice that you have also not rated my answer. I am fairly confident that your bio father cannot prevent you from moving house with the trust assets in the way he is suggesting, and would like to be as helpful as I can.

Let me know if you want more information, otherwise I would be very grateful if you could rate my answer (otherwise I don't get paid).

Expert:  familylawexpert replied 4 years ago.

I would really like to help you but, in order to do so, I need at least some of the further information I have asked for. I am confident that I could increase your knowledge of your options in this difficult situation.

If you would still like some help with your question, then please just give me a little more detail on the areas that I have asked about.

Kind regards,