Meet the Other Phone. Flexible and made to last.

Meet the Other Phone.
Flexible and made to last.

Buy now

Please or to access all these features

Legal matters

Mumsnet has not checked the qualifications of anyone posting here. If you have any legal concerns we suggest you consult a solicitor.

Discretionary Trust Issues

1 reply

Lucky112 · 21/07/2021 11:50

My mum passed away in 2019.

She request in her will for my share to go into a discretionary trust, with my brother and her financial advisor as trustees.

I'm 48 meaning I have NO access to my own money causing me great distress.

For the past 2 years since her death my brother in particular repeatedly refuses me a distribution saying "its not what mum wanted" or "I want money for the grandchildren".

I am supposed to be the main beneficiary of this trust.

End of February I had enough, so I instructed a solicitor.

Both trustees are now refusing to co operate with my solicitor, have repeatedly refused to give the Trust Accounts, and still no sign of a distribution.

I've not heard from my solicitor since the 12th July.

I'm very distressed my own brother is refusing to provide for me, I am unable to work due to ill health, my non means tested benefit runs out in May next year, I don't know what to do!! :+(

OP posts:
prh47bridge · 21/07/2021 13:40

The problem you have is that this is a discretionary trust. That means the trustees have complete discretion to decide which of the potential beneficiaries actually become beneficiaries. Your mother may have intended that you should be the main beneficiary, but it is not your money.

You need to talk to your solicitor to see if there is any scope for legal action against the trustees.

New posts on this thread. Refresh page