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Where is best for legal advice in relation to a family trust & wills

Myquery

Registered User
May 2, 2015
7
My father passed away last year having changed his will to remove me. His affairs were quiet complicated as he established a Family Trust some years ago.

My mum, who has dementia / Alzeimers, is alive and her will included me as a beneficiary. Where is best to get advice on the wills and how they interact with each other. Does the Society have any specialist firms or can anybody provide quidance?
 

Pickles53

Registered User
Feb 25, 2014
2,474
Radcliffe on Trent
If your father's estate has already been distributed, and your mum was (I presume) a beneficiary, then normally the assets she received would become her property absolutely and it would then be her will which determines what happens to them after her death.

However the terms of the trust may make a difference and it does sound like a case for some specialist legal advice.
 

jugglingmum

Registered User
Jan 5, 2014
5,522
Chester
I think you need specialist legal advice, this is a very complex area.

The one thing that is certain is if your mum has lost capacity her will can no longer be altered before her death, although all parties (beneficiaries and executors ) can agree to a deed of variation after her death - often done to pass assets directly to grandkids bypassing children with sufficient assets as a tax saving mechanism.

The way one will works should not affect the other, but assets could be left to your mother on a 'life tenancy'. You don't say if you were cut out of the family trust as well. Once the money is in trust only the trustees can control it and the will has no affect on this unless it adds more assets to it.

I would suggest you need to see if you can find a solicitor whose website says they deal with trusts and ideally have a specialist trust qualification and see if they do an initial appt for free to see what you need to consider doing.

Unless you can prove your father was not of sound mind when he made his will he has done what he has done, even if you think he didn't mean it to have the consequences it has.
 

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