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JGM, Solicitor
Category: Law
Satisfied Customers: 12071
Experience:  30 years as a practising solicitor.
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A sole beneficiary of a Discretionary Will Trust(DWT) has recently

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A sole beneficiary of a Discretionary Will Trust(DWT) has recently died. In her will she has stated that her sole beneficiary is her spouse apart from the DWT which passes income to her spouse in his lifetime and on his death to her two sons.
However subsequent to making this will , she decided that she wanted control of the assets within the trust and those assets which are stocks and shares were placed in her name and she dispensed with the services of the firm of solicitors originally appointed to administer the (DWT) .Therefore although I assume the DWT still exists it contains no assets as these are now held in the recently deceased personal name.
Can you confirm that as these assets are now the personal property of the deceased, then the spouse would inherit these and that the original DWT is defunct.
Thanks you
Jack Ewins
Thank you for your question.
The transfer of assets from the trust to the lady had the effect of winding up the trust of all the assets were transferred. As they are now in the name of the lady they pass in accordance with her will. That means that the assets go to her husband.
I hope that this helps.
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