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plclegal
plclegal, Barrister
Category: Family Law
Satisfied Customers: 4198
Experience:  Barrister at law
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Firstly will i be charged for advice? Assistant: Where are

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Firstly will i be charged for advice ?
Assistant: Where are you? It matters because laws vary by location.
Customer: Cumbria England
Assistant: What steps have you taken so far?
Customer: None
Assistant: Anything else you want the Lawyer to know before I connect you?
Customer: Yes i want to know about some inhertance issuses regarding a chilx under a special gaurdianship order
Customer: replied 10 days ago.
We have child under a special gaurdianship order. She is nearly 2 we have her since she was 6 months. She has been left money by her maternal great grandmother in her will. (Approx 4k). The family are saying they will only give the money once we have set up an ISA or trust locked until she 18. Can they demand this ? She has high intrest savings account but access isn't limited on case she needs something urgently that we cant afford

Hello, my name is Peter and I’ll do my best to assist you today.

Please bear in mind as this is an email service and not live chat I may not respond immediately.

Do you know what the will says about the money and whether it is to be held "on trust" until the child reaches adulthood?

Customer: replied 9 days ago.
No it doesn't state that. The "family" decided they want us to put away until shes 18, but it doesn't state that in the will.
Customer: replied 9 days ago.
And thanks Peter for your help.

OK. They cannot demand this, nor should it prevent the inheritance being distributed, though it is normal for inheritance for a minor to be placed in a secure account such as an ISA or a trust. The reason being that it protects the money for the intended beneficiary.

The point about a trust account is that if there is good cause you can ask for early release of trust funds should there be a good reason.

Can I clarify anything?

Customer: replied 9 days ago.
I think i understand, so unless it states in the will it doesn't have to go into trust or be put away until 18. If money is required before she is 18 to help and benefit her the money can be used, by us without having to explain this to her birth family. Even if was in trust we could as her gaurdians request some realsed early if she needed it for the above. I hope I've understood this correctly. Again thank you for your help.

Yes, but one caveat - if it is not placed in trust and you spend the money before she is 18, then she could potentially take you to court over this when she reaches adulthood, regardless of what you have spent it on.

So in many ways it is much better to place the funds in a trust account - it protects you all.

If you have further questions, you can always come back to me.

In the meantime, if you could take a second to provide a 5 star rating (at the top right of your screen), I'll be credited for my time spent responding to your question.

Kind regards,

Peter

plclegal and other Family Law Specialists are ready to help you
Customer: replied 9 days ago.
Thanks very much Peter.much appreciated