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Trustee and beneficiary of will?? What does this mean?

16 replies

Mydogatemypurse · 28/02/2020 20:18

I've recently found out I have inherited the role of trustee to an aunts property after the death of my father.
I was unaware.
Turns out her family arent happy. I have little to do with them and I've discovered they have got the aunt to remove me from her will.
I only found out as the will cant apparently be signed off (???) Without my agreement.
What do I do? Will I remain trustee even if removed from the will? What will I have to do.

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Mydogatemypurse · 28/02/2020 20:20

Btw the aunt is 90, in a wheelchair and in a home. She lives far from me and I've never really known her. But I cant help but worry about her vulnerability in terms of her suddenly wanting to change the will. But i cant be sure. Its stress i could do without tbh. I dont understand any of this.

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Mydogatemypurse · 28/02/2020 20:21

Do I just sign the form and have done.

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Evidencebased · 28/02/2020 20:25

Never never sign anything you don't fully understand. Especially if it's a legal document. You literally don't know what you're letting yourself in for.

That said, neither do I, so helpful advice, sorry.
There are some good lawyers on here. Wait for them- then check that IS a lawyer, and not just an opinionated internet random.

HappyHammy · 28/02/2020 20:30

Do not sign it. Whatever info you have show it to a solicitor. Maybe the house has been left to you. Maybe your dad and auntie both owned it.

HappyHammy · 28/02/2020 20:57

Have you sewn the Trust documents. Was your dad a Trustee and now its passed to you. They must have thought you were honest and trustworthy. A Will cannot be changed. She would have had to write a Codicil to add any.changes.

Mydogatemypurse · 28/02/2020 21:48

My dad was a trustee with his sister. When he died i inherited the trustee responsibilities. However he died 6 years ago and the first time I have become aware of anything was when I recieved a random letter from a solicitor with a form attached stating that she had changed the will and as she wanted to remove beneficiaries (me).As trustee I needed to sign the form for this to take place was my understanding.
I was unaware of anything before that. No family member has ever contacted me or mentioned it. I have not seen any documents at all. From the solicitors letter it would appear I am a joint trustee of my aunts property not anything else.
I was unaware of her wanting to change a will either. I dont have much to do with them.

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GreenBottleTops · 28/02/2020 21:53

This doesn’t make a lot of sense to be honest. Provided she has capacity she can make as many wills as she wants during her lifetime.

You can’t “inherit” trustee responsibilities.

You could have been named as a trustee along with your dad in relation to a property, but you need to go speak to a lawyer so they can explain it to you.

HappyHammy · 28/02/2020 21:56

I am no expert but I cant see why anyone would sign a form agreeing to not being a beneficiary.You dont know what the original or alledged new Will state and the Solicitor could be anyone. Seriously you need legal advice. Maybe your dad passed this onto you. Was there anything in his Will about the property.

GreenBottleTops · 28/02/2020 21:58

You also wouldn’t need to sign to say you aren’t a beneficiary...the beneficiaries are stated in the will, if the will is changed the beneficiaries can be changed without needing consent.

Mydogatemypurse · 28/02/2020 22:04

Nothing in his will no.
I just recieved a letter from a solicitor stating that my aunt wanted to change the beneficiaries currently named in her will.
Turns out she wants me removed. They wrote to me as (the letter explained) that as I had inherited the role of trustee from my dad, I had to agree to any changes in who gets a share of the property (of which I am a trustee now my dad has died)

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Mydogatemypurse · 28/02/2020 22:07

Green bottle... my understanding was that as the house will now be shared between less people and I will (somehow) be involved in that process they were needing my permission to agree.

Unless I've got it all wrong. Could it have been asking me to relinquish my inherited role? I dont think it was. It was definitely about the change in will.

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GreenBottleTops · 28/02/2020 22:09

What jurisdiction are you in?

Mydogatemypurse · 28/02/2020 22:10

Cheshire x

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Mydogatemypurse · 28/02/2020 22:12

Is it not possible that the trusttee responsibilities pass to me on dads death then? Ergh this seems odd now. No wonder its hard to understand

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GreenBottleTops · 28/02/2020 22:12

If you want to PM me I can take a look at the letter and maybe translate for you?

Mydogatemypurse · 28/02/2020 22:14

Ah thank you. That's so kind. I'll pop downstairs and get it. X

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