Can anyone explain Property Trust please?

[streakybacon]

Can someone in the know explain to me the wording on this Property Trust clause in a will?

'Provided that if my spouse XXX shall have survived me by a period of 28 days I give free of tax to my Trustees my beneficial share in (or in the future proceeds of sale of XXX (property) or my main private residence at the time of my death'.

There is also a Tenancy In Common clause in the will, though I don't have a full copy so not sure of the wording.

I've been given several conflicting pieces of advice and explanation so am a bit confused.

BTW, I'm an Executor and Trustee of this will.

You'll have to read all the will and see who the beneficiaries of the trust are, and other provisions in relation to the trust. This paragraph you've quoted tells about 10% of the story.

If you're not sure what you're doing you should instruct a solicitor. If you have one, they should be answering this for you.

Thanks for your reply.

It's complicated. I have reason to believe that the will isn't being adhered to as the deceased wished, but don't want to say too much on here. I have read the full will but don't have a copy at present (am sorting that out today).

I realise a solicitor would handle it on my behalf but I am trying to avoid that because I can't afford to pay for one. This is more of a moral principle than a legal one.

Do you mind if I ask you again once I've got the full will?

Why are you worrying about the cost? The executor's costs are met out of the estate. If you are the executor (have you got a grant of probate?) it is your duty to ensure that the will is followed. Instruct a solicitor now, or you may find that you have to pay out of your own pocket after all - in the event that any beneficiary misses out if you mis-administer the estate.

Hope I don't offend you, but if you don't get a solicitor you're barking mad.

I'm a co-executor on my sister's will along with her dh and his sister. I began the probate process by arranging a meeting with a probate company (with the others' agreement) and her dh has taken offence and now won't communicate with me. It's got messy. Her dh is 'managing' the estate but I suspect he's not following her wishes and may even have taken some dodgy legal advice. I'm in a very difficult position. I know I should get a solicitor involved but I don't feel confident that I'd get expenses paid if he's taken on the role of main executor. Is that making sense? I'm trying to prevent mis-administration by seeing to it that the will is followed, but it's difficult when I'm being denied information about the estate.

I think you should see a solcitor anyway. Has probate been taken out in your name?

The process was started in her dh's name with the company I arranged to meet with. Then shortly afterwards he cancelled the arrangement because he thought he could get it done cheaper elsewhere. That's the last I know.

He also owes me money in funeral expenses, which the probate company were going to pay me as a creditor. Unfortunately they sent the receipts back to him when he cancelled so I only have photocopies.

There were lots of odd comments in the days following my sister's death about changing her will, avoiding probate, that sort of thing, so I have reason to suspect things are not being done above board.

Thanks for your advice. I guess I will have to see someone, but I have so much else going on in my life right now and ill health (not made any better by all this, I can tell you) and I don't know if I have the strength to take this on.

You can apply for probate yourself if no one else has. Even still, you should be protecting your position and seeking advice formally.

Was an act of severance carried out? What does the title deed at land reg say? If they were joint tenants not tenants in common the house would of passed straight to her DH on death and any trust is irrelevant.

They had a Tenants In Common clause in their mirror wills. Don't know about act of severance and haven't seen the title deeds at land registry. All the paperwork is with her dh and he won't communicate with me. I've requested a photocopy of the will so should get that in a day or two, and have written to Probate Registry to request a search in case her estate comes through their system.

Resolution - protecting my position is part of my concern. I realise that as an Executor I have a duty to ensure her will is followed according to her wishes and don't want to be held responsible for others' actions that don't comply with that.

Thanks.