Page 1 of 2 12 LastLast
Results 1 to 25 of 26

Thread: Inheritence

  • Share
  • Thread Tools
  • Display
  1. #1
    Bugaboo's Avatar

    Junior Member



    Joined
    May 2017
    Posts
    14
    Mentions
    0 Post(s)

    Default Inheritence

    Hi need some advice on getting my inheritance ... I have been left a property willed to me ... It has been left in a trust ... Im the trustee along with my brother and sister ... Both myself and sister want to sell but my brother wants to stay as he lives in it .... The trust says it will stay active until the property is sold and divided amount us ...

    We were thinking to do a force for sale but I've been informed that we can not do this as its in a trust.
    But i thought as we are trustees we have the power to sell ... Any advice would be great 😀

  2. #2
    des8's Avatar

    VIP Member



    Joined
    Mar 2013
    Posts
    8,119
    Mentions
    471 Post(s)

    Default Re: Inheritence

    The wording of the will might be useful but generally in private trusts, the rule is that trustees must act unanimously unless the trust allows otherwise. A majority of trustees cannot ordinarily rule against the minority. In case there is absolute deadlock a trustee or a beneficiary could apply to the court : Luke v South Kensington Hotel Co (1879) 11 Ch D 121



  3. #3
    Bugaboo's Avatar

    Junior Member



    Joined
    May 2017
    Posts
    14
    Mentions
    0 Post(s)

    Default Re: Inheritence

    Quote Originally Posted by des8 View Post
    The wording of the will might be useful but generally in private trusts, the rule is that trustees must act unanimously unless the trust allows otherwise. A majority of trustees cannot ordinarily rule against the minority. In case there is absolute deadlock a trustee or a beneficiary could apply to the court : Luke v South Kensington Hotel Co (1879) 11 Ch D 121

    Hi and thank you .... The will states that the property he is living in has to be sold and divided between the 3 of us ... My brother will not answer our calls or emails ... All three of us are executors of the will and its been well over a year since my mother passed away ... Im homeless at the moment because there was originally two houses but the one has only been willed to him ... I was living at that property and i sold my own home because my brother promised i could buy it ...anyway he got greedy and wanted more than i could afford so i moved out .... the house is empty surly he could move into that and we sell the house he is living in ... Plus the house we inheritate from is worth alot more

  4. #4
    Bugaboo's Avatar

    Junior Member



    Joined
    May 2017
    Posts
    14
    Mentions
    0 Post(s)

    Default Re: Inheritence

    I forgot to say its a discretionary trust

  5. #5
    des8's Avatar

    VIP Member



    Joined
    Mar 2013
    Posts
    8,119
    Mentions
    471 Post(s)

    Default Re: Inheritence

    Often with a discretionary trust there is a formal letter from the testator stating their wishes,but in this case you say the will states that the house must be sold and split three ways.

    Executors have to implement the terms of the testator's will.
    If necessary there is always reccourse to the courts, but every effort should be made to avoid this due to the cost, stress and delays by negotiation.

    I'll tag @Peridot for you, to see what she would advise

  6. #6
    Bugaboo's Avatar

    Junior Member



    Joined
    May 2017
    Posts
    14
    Mentions
    0 Post(s)

    Default Re: Inheritence

    Quote Originally Posted by des8 View Post
    Often with a discretionary trust there is a formal letter from the testator stating their wishes,but in this case you say the will states that the house must be sold and split three ways.

    Executors have to implement the terms of the testator's will.
    If necessary there is always reccourse to the courts, but every effort should be made to avoid this due to the cost, stress and delays by negotiation.

    I'll tag @Peridot for you, to see what she would advise
    There is a wishes letter but I've had a solicitor look at it and its void because it is not dated and signed by my mother or father ...it also states that we all agreed to it ...and the first i saw of it was when my father passed away . We think my brother typed it up and we know he had great influence in both wills ... Hence the reason he has ended up having a property soley left to him ...

  7. #7
    Bugaboo's Avatar

    Junior Member



    Joined
    May 2017
    Posts
    14
    Mentions
    0 Post(s)

    Default Re: Inheritence

    I do

  8. #8
    Bugaboo's Avatar

    Junior Member



    Joined
    May 2017
    Posts
    14
    Mentions
    0 Post(s)

    Default Re: Inheritence

    I do have a solicitor but she doesn't seem to know much plus she deals with family law ...she represented me due to complications over the other property ... But i feel that i need a solicitor that has a bit more knowledge i only stayed with her because she knew all the ins and outs ...i had an appointment today and i came out feeling helpless ...that i haven't a leg to stand on ...although she did tell me that she doesn't think i can force for sale and i might need a barrister ... I have already paid quite a bit of money ...but im getting no where ...thank you ever so much for your help

  9. #9
    des8's Avatar

    VIP Member



    Joined
    Mar 2013
    Posts
    8,119
    Mentions
    471 Post(s)

    Default Re: Inheritence

    Keep an eye out for @Peridot posting.
    She is very busy, but I'm fairly certain she will eventually pick this up

  10. #10
    Peridot's Avatar

    Legal Admin



    Joined
    May 2016
    Posts
    607
    Mentions
    161 Post(s)

    Default Re: Inheritence

    Hi Bungaboo,
    Oh dear sounds a bit of a mess. If I understand correctly there were 2 properties, one left to your brother outright the other to be sold and divided between 3 of you?
    If that is correct, where I am getting slightly confused is you mentioned a discretionary trust? It would be really helpful to see a copy of the will and the exact wording. If you could take photos of each page blocking out any names and addresses that would be really helpful. If you can't take photos or scan the document then by all means type the clauses. Sorry a bit of a pain, but it is important to see the whole will before I see if I can point you in the right direction.
    You can upload the photos or scanned documents to this site. Here's a how to document:- http://legalbeagles.info/forums/show...ading+pictures
    I am a qualified solicitor employed by the LegalBeagles forum to provide guidance on a wide range of legal queries. I am happy to try and assist informally, where needed.

    Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any practical advice I give is without liability. I do not represent people on the forum.

    If in doubt you should always seek professional face to face legal advice.

  11. #11
    Kati's Avatar

    LB Team Member



    Joined
    Jun 2014
    Posts
    11,647
    Mentions
    1194 Post(s)

    Default Re: Inheritence

    Quote Originally Posted by Peridot View Post
    You can upload the photos or scanned documents to this site. Here's a how to document:- http://legalbeagles.info/forums/show...ading+pictures
    or ... they could email them to me and I'll redact as needed and upload for them xx
    Debt is like any other trap, easy enough to get into, but hard enough to get out of.

    It doesn't matter where your journey begins, so long as you begin it...

    recte agens confido

    ~~~~~

    Any advice I provide is given without liability, if you are unsure please seek professional legal guidance.

    I can be emailed if you need my help loading pictures/documents to your thread. My email address is [email protected]
    But please include a link to your thread so I know who you are.

    Specialist advice can be sought via our sister site JustBeagle

  12. #12
    Peridot's Avatar

    Legal Admin



    Joined
    May 2016
    Posts
    607
    Mentions
    161 Post(s)

    Default Re: Inheritence

    I'll remember that for next time. Takes me 10 ins to find the right thread to past. What e-mail should I give out for future reference Kati?
    Quote Originally Posted by Kati View Post
    or ... they could email them to me and I'll redact as needed and upload for them xx
    I am a qualified solicitor employed by the LegalBeagles forum to provide guidance on a wide range of legal queries. I am happy to try and assist informally, where needed.

    Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any practical advice I give is without liability. I do not represent people on the forum.

    If in doubt you should always seek professional face to face legal advice.

  13. #13
    Kati's Avatar

    LB Team Member



    Joined
    Jun 2014
    Posts
    11,647
    Mentions
    1194 Post(s)

    Default Re: Inheritence

    Quote Originally Posted by Peridot View Post
    I'll remember that for next time. Takes me 10 ins to find the right thread to past. What e-mail should I give out for future reference Kati?
    [email protected] ... it helps if they add a link to their thread or tell me their username too xx
    Debt is like any other trap, easy enough to get into, but hard enough to get out of.

    It doesn't matter where your journey begins, so long as you begin it...

    recte agens confido

    ~~~~~

    Any advice I provide is given without liability, if you are unsure please seek professional legal guidance.

    I can be emailed if you need my help loading pictures/documents to your thread. My email address is [email protected]
    But please include a link to your thread so I know who you are.

    Specialist advice can be sought via our sister site JustBeagle

  14. #14
    Bugaboo's Avatar

    Junior Member



    Joined
    May 2017
    Posts
    14
    Mentions
    0 Post(s)

    Default Re: Inheritence

    Hi yes will send you info i will wait to do it on my partners phone as it will be a clearer picture my camera is not all that good and thank you so much for your help i really do appreciate you taking the time ��

  15. #15
    Peridot's Avatar

    Legal Admin



    Joined
    May 2016
    Posts
    607
    Mentions
    161 Post(s)

    Default Re: Inheritence

    No problem, I'll wait to see the post. Don't forget to block out names etc.
    I am a qualified solicitor employed by the LegalBeagles forum to provide guidance on a wide range of legal queries. I am happy to try and assist informally, where needed.

    Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any practical advice I give is without liability. I do not represent people on the forum.

    If in doubt you should always seek professional face to face legal advice.

  16. #16
    Bugaboo's Avatar

    Junior Member



    Joined
    May 2017
    Posts
    14
    Mentions
    0 Post(s)

    Default Re: Inheritence

    Yes i will ... I also phoned the solicitor who delt with the probate to ask about the trust ...he told me the trust remains open until the property my brother is in is sold and shared equally among us ... I will get info sent as soon as my partner finishes work

  17. #17
    Peridot's Avatar

    Legal Admin



    Joined
    May 2016
    Posts
    607
    Mentions
    161 Post(s)

    Default Re: Inheritence

    Ok, I'll try and have a look tomorrow if get a chance. I'm not working after today until Monday, but if I get a chance I will pop onto the forum and check. Don't panic I will be back, it sounds like this has been going on for a little while, so hopefully a few days won't make a difference?
    I am a qualified solicitor employed by the LegalBeagles forum to provide guidance on a wide range of legal queries. I am happy to try and assist informally, where needed.

    Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any practical advice I give is without liability. I do not represent people on the forum.

    If in doubt you should always seek professional face to face legal advice.

  18. #18
    Bugaboo's Avatar

    Junior Member



    Joined
    May 2017
    Posts
    14
    Mentions
    0 Post(s)

    Default Re: Inheritence

    Thank you ...and yes it is a big mess .... And emotionally draining ... I sold my home paid my mortgage off and with the rest plus my inheritance i would of been able to buy the property that was soley left to him ...but he got greedy and wanted a price i could not afford ... And im now living in a box room with my husband at my daughters house ... I need my inheritance to buy another home ... I wish now i had it in writing from my brother but you just don't think to do that when it is your famliy ...

  19. #19
    Peridot's Avatar

    Legal Admin



    Joined
    May 2016
    Posts
    607
    Mentions
    161 Post(s)

    Default Re: Inheritence

    Really tough for you, unfortunately it does tend to bring out the worst in people. So important to make sure wills are as clear as possible. You always hope people will be reasonable, most of the time they are but unfortunately not always and then it is so emotionally difficult to deal with as well as the financial issues. Hopefully we'll be able to point you in the right direction at least.
    I am a qualified solicitor employed by the LegalBeagles forum to provide guidance on a wide range of legal queries. I am happy to try and assist informally, where needed.

    Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any practical advice I give is without liability. I do not represent people on the forum.

    If in doubt you should always seek professional face to face legal advice.

  20. #20
    Kati's Avatar

    LB Team Member



    Joined
    Jun 2014
    Posts
    11,647
    Mentions
    1194 Post(s)

    Default Re: Inheritence

    Quote Originally Posted by Peridot View Post
    No problem, I'll wait to see the post. Don't forget to block out names etc.
    I'll tag you when I post them xx
    Debt is like any other trap, easy enough to get into, but hard enough to get out of.

    It doesn't matter where your journey begins, so long as you begin it...

    recte agens confido

    ~~~~~

    Any advice I provide is given without liability, if you are unsure please seek professional legal guidance.

    I can be emailed if you need my help loading pictures/documents to your thread. My email address is [email protected]
    But please include a link to your thread so I know who you are.

    Specialist advice can be sought via our sister site JustBeagle

  21. #21
    Peridot's Avatar

    Legal Admin



    Joined
    May 2016
    Posts
    607
    Mentions
    161 Post(s)

    Default Re: Inheritence

    Thanks Kati, May not pick up but will check Monday latest anyway. Logging off shortly.
    Quote Originally Posted by Kati View Post
    I'll tag you when I post them xx
    I am a qualified solicitor employed by the LegalBeagles forum to provide guidance on a wide range of legal queries. I am happy to try and assist informally, where needed.

    Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any practical advice I give is without liability. I do not represent people on the forum.

    If in doubt you should always seek professional face to face legal advice.

  22. #22
    Kati's Avatar

    LB Team Member



    Joined
    Jun 2014
    Posts
    11,647
    Mentions
    1194 Post(s)

    Default Re: Inheritence

    Quote Originally Posted by Peridot View Post
    Thanks Kati, May not pick up but will check Monday latest anyway. Logging off shortly.
    I'll skype you if desperate?!? xx
    Debt is like any other trap, easy enough to get into, but hard enough to get out of.

    It doesn't matter where your journey begins, so long as you begin it...

    recte agens confido

    ~~~~~

    Any advice I provide is given without liability, if you are unsure please seek professional legal guidance.

    I can be emailed if you need my help loading pictures/documents to your thread. My email address is [email protected]
    But please include a link to your thread so I know who you are.

    Specialist advice can be sought via our sister site JustBeagle

  23. #23
    Peridot's Avatar

    Legal Admin



    Joined
    May 2016
    Posts
    607
    Mentions
    161 Post(s)

    Default Re: Inheritence

    Quote Originally Posted by Kati View Post
    I'll skype you if desperate?!? xx
    Ok x
    I am a qualified solicitor employed by the LegalBeagles forum to provide guidance on a wide range of legal queries. I am happy to try and assist informally, where needed.

    Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any practical advice I give is without liability. I do not represent people on the forum.

    If in doubt you should always seek professional face to face legal advice.

  24. #24
    Bugaboo's Avatar

    Junior Member



    Joined
    May 2017
    Posts
    14
    Mentions
    0 Post(s)

    Default Re: Inheritence

    Quote Originally Posted by Peridot View Post
    Really tough for you, unfortunately it does tend to bring out the worst in people. So important to make sure wills are as clear as possible. You always hope people will be reasonable, most of the time they are but unfortunately not always and then it is so emotionally difficult to deal with as well as the financial issues. Hopefully we'll be able to point you in the right direction at least.
    Hi peridot
    Here is the info you asked for .... I've also included the letter of wishes .... Its is really confusing we are not sure what will to go by ...but it was my father that passed away first ...and thank you again

    - - - Updated - - -

    Sorry for some reason it hasn't uploaded them all i will try again
    Attached Thumbnails Attached Thumbnails 2017-06-30 10.13.39.jpg  

  25. #25
    Bugaboo's Avatar

    Junior Member



    Joined
    May 2017
    Posts
    14
    Mentions
    0 Post(s)

    Default Re: Inheritence

    Quote Originally Posted by Peridot View Post
    Really tough for you, unfortunately it does tend to bring out the worst in people. So important to make sure wills are as clear as possible. You always hope people will be reasonable, most of the time they are but unfortunately not always and then it is so emotionally difficult to deal with as well as the financial issues. Hopefully we'll be able to point you in the right direction at least.
    Hi peridot
    Here is the info you asked for .... I've also included the letter of wishes .... Its is really confusing we are not sure what will to go by ...but it was my father that passed away first ...and thank you again
    Attached Thumbnails Attached Thumbnails 2017-06-30 10.01.16.jpg   2017-06-30 10.04.48.jpg   2017-06-30 10.09.45.jpg   2017-06-30 10.12.42.jpg   2017-06-30 10.13.39.jpg  

Page 1 of 2 12 LastLast

Similar Threads

  1. Inheritence recieved before marriage
    By arturski in forum Family Law & Relationships
    Replies: 3
    : 15th October 2010, 18:21:PM

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  
Contact Us



© Celame (UK) Ltd 2017
LegalBeagles® are DPA Registered No. ZA158014
LegalBeagles® is the trading name of CELAME (UK) LIMITED ( 09220332 )
Registered Address: 25 Moorgate, London, England, EC2R 6AY
VAT registration number 206 9740 02
User Alert System provided by Advanced User Tagging v3.1.3 (Lite) - vBulletin Mods & Addons Copyright © 2017 DragonByte Technologies Ltd.
Feedback Buttons provided by Advanced Post Thanks / Like (Lite) - vBulletin Mods & Addons Copyright © 2017 DragonByte Technologies Ltd. Runs best on HiVelocity Hosting.
Celame (UK) Ltd Powered by vBulletin® Version 4.2.3
Copyright © 2017 vBulletin Solutions, Inc. All rights reserved.

To find out more about managing your money and getting free advice, visit the Money Advice Service,an independent service set up to help people manage their money.

TOP