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JGM, Solicitor
Category: Law
Satisfied Customers: 12081
Experience:  30 years as a practising solicitor.
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My father dies in April 2009. In 2013 my 20 year old son received

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My father dies in April 2009.
In 2013 my 20 year old son received money from an inter vivos discretionary trust which my father had established in 2006.
Another trust was estabished for my brother's children so the bulk of the estate was excluded from probate and the will. My son is still a university student and bought a flat.
His father and I reside in Canada and have been divorced since 2004.
The father is trying to attribute this flat to me and demanding I produce the trust documents etc i have submitted a letter from Barclays trust who were the trustees and paid out the money when we applied for it to buy the flat.
He also obtained the will which does not include the inter vivos trusts but a residual testamentary trust to divide the residual between my brother and myself. The estate planning minimised this to around 80,000 each received in 2009 after IHT was paid. He is insisting I received the bulk of the estate
What do you think best course of action would be to deal with this?
Thank you for your question. I am a lawyer in Scotland.
I'm having difficulty in working out what the court case is about in Canada and what possible claim he could make where a 2006 trust was established two years after your divorce and paid out money according to its terms when your son was 18.
I would ask your son to give you the purchase agreement, called missives, to lodge in court along with a copy of the title and a copy of the trust deed all to prove that none of this has anything to do with assets in respect of which he perceives he has a claim.
I accept what you say that you have no legal right to request the missives but as a matter of helping you to deal with this stressful issue, one would have thought that your son would want to act in your best interests by allowing you to produce them.
Happy to discuss further.
Please leave a positive response so that I am credited for my time.
Customer: replied 2 years ago.
As you so correctly say he has no claim on this. He has a lawyer who says " no" to everything. They already have the title from the Scottish Land registry. I have spoken to the trustees who say they are not sure if they are able to release the deeds under English law as I am not the benficiary. This whole issue is purely motivated out of spite and jealousy and wanting to pay me no support money at all despite being married 25 years and having 6 children. They have already been given a letter from the Trustees stating which trust the money came from. He has used my son as a pawn already The trusts were all exempt from probate and the will for estate planning and the trust deeds in England are the property of the trustees not the beneficiary. The Canadian justice system leaves much to be desired . Thank you for your help.
Thanks for your reply. If the trustees won't give you the documents they can give them to your son who can then give them to you.
I hope you get this sorted and if you have any further questions let me know. In the meantime please leave a positive rating so that I am credited for my time.
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