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Stuart J
Stuart J, Solicitor
Category: Law
Satisfied Customers: 24570
Experience:  Senior Partner at Berkson Wallace
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I need help finding out how to get a property out of a

Customer Question

JA: Hello. How can I help?
Customer: I need help finding out how to get a property out of a trust
JA: Where are you? It matters because laws vary by location.
Customer: Basildon essex
JA: What steps have you taken so far?
Customer: Nothing as yet phoned a few solicitors but no one willing to give a lttle free advice on how to go about it
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: No that's it
Submitted: 11 days ago.
Category: Law
Expert:  Stuart J replied 11 days ago.

Hello. Thank you for the question. It is my pleasure to assist your with this today.

Please bear with me and I will be online and off-line from time to time and therefore, may be delayed getting back to you. You will receive an email when I reply.

I will need all the background details in order to properly advise you - thank you

Customer: replied 11 days ago.
My father recently passed away he made a will and put the house in a trust of which I am a trustee if I reading it correctly but I wish to get it out of trust
Expert:  Stuart J replied 11 days ago.

If it was easy as that to get a property out of the trust, then there would be no point in having the trust in the first place.

There are a variety of ways depending on who has been advantaged or disadvantaged and depending on whether your father was under any kind of influence (undue influence) when he drafted the trust or whether he had the mental capacity to do it.  Very difficult to dispute either if he went on his own to a solicitor to deal with it.

However under the rule in Saunders v Vautier if all the beneficiaries agree, are over 18, under full mental capacity, then they can bring the trust to an end and distribute the proceeds accordingly.

Not a lot of solicitors know about that rule so you would need to see a specialist Private Client solicitor.  You don’t actually need a solicitor if you can agree what you like between you, all the solicitor would do is provide some formality.

There is no process for ending the trust usually, it’s just a case of drafting a deed to provide proof.  If you’re never going to argue, all the beneficiaries, then you don’t actually need anything.

Thank you for letting me assist you with your legal question.  I am glad that I was able to help.

I am not certain whether that answers the question for you or not, but I am happy to answer any specific points arising from this.

It will be my pleasure to help you again either further with this or any future questions you have

Kind regards