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JGM, Solicitor
Category: Law
Satisfied Customers: 13478
Experience:  30 years as a practising solicitor.
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My son's ex wife died in a drowning accident 7 months ago and

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My son's ex wife died in a drowning accident 7 months ago and he has taken on custody of his 2 children aged 10 and 13. The beneficiaries in his late wife's will are his 2 children 50% and his late wife's mother 50%. The estate comprises a dwelling house which had been occupied by his late ex wife and 2 children and a dwelling house and farmland owned by his ex wife and her mother. I understand that the total estate will exceed £2million. The will appoints a lawyer as executor and trustee. The house which was occupied by his ex and the children is now currently let out but will be sold on the decision of the trustee to pay a considerable inheritance tax bill. My son and his 2 children are currently living in a rented house. My son is concerned that the lawyer trustee does not know the family and may be taking decisions which may not be in the best interests of his children. Can the trustee situation be changed so as to include his former mother-in-law and himself?
Thank you for your question.
It is legally competent for the existing trustee to assume more trustees and in this type of situation he should be amenable to doing so especially where children are concerned. Note, however, that he doesn't have to. He is, however, accountable to the beneficiaries in that he has to act in their best interests. I suggest your som and his former mother in law ask for a meeting with the trustee to discuss all of this.
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