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Buachaill, Barrister
Category: Law
Satisfied Customers: 10955
Experience:  Barrister 17 years experience
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can a trustee of a family trust determine what he wants the

Customer Question

can a trustee of a family trust determine what he wants the trust to do when he dies.
eg, his daughter and accountant are trustees appointed before he married his second wife.
He now does not want his wife to be left destitute and has written in his will that should the trust sell his 1/4 share in the property the Trust must provide his wife with a house to live in. Can he do this?
Submitted: 3 years ago.
Category: Law
Expert:  Buachaill replied 3 years ago.

1. Can you better explain the situation. Was this trustee the settlor of the trust? How do you say that the trustee has a one quarter share in a property. Is this trust property or is three quarters of this property in which the trustee lives belonging to the trust? Is the trustee living in a trust asset, namely the house, which belongs to the trust of which he is trustee?