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Legal matters

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Will/trust changed after death

75 replies

AnonymousA1 · 22/05/2023 21:30

I just found out my Step family changed my mums trust after she died meaning they got the whole house when mum left her share to us. We are named beneficiaries. I have this in writing from the solicitor who allowed it ?
I don’t have the money for a solicitor and they are fully aware of this. Is there anyone who can offer me any advice please ?

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pompypomppomp · 22/05/2023 21:37

Sorry, I've no experience here, but my first thought was that sirely if you have such concrete evidence like that, you could go to court yourself without a lawyer? There's some great posters on here though with extensive law knowledge so will hopefully be along soon

notapizzaeater · 22/05/2023 21:38

Legal cover on house insurance ?

LadyGaGasPokerFace · 22/05/2023 21:42

Surely that’s fraudulent? Have you a copy of the deeds?

GrannyAchingsShepherdsHut · 22/05/2023 21:42

Did the solicitor give any info about why they did that? I mean, that's a pretty huge thing to just casually admit to. Have they justified it in some way?!

Soontobe60 · 22/05/2023 21:44

What do you mean by your mums ‘trust’?

AnonymousA1 · 22/05/2023 22:12

@notapizzaeater thank you ! I hadn’t thought of that , I will call them tomorrow and see what they say x

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AnonymousA1 · 22/05/2023 22:12

@pompypomppomp thank you x

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AnonymousA1 · 22/05/2023 22:13

@LadyGaGasPokerFace i have a copy of the will and a copy of emails between solicitors :)

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AnonymousA1 · 22/05/2023 22:13

@GrannyAchingsShepherdsHut i have the email trail where the solicitor admits to it to another party x

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AnonymousA1 · 22/05/2023 22:14

@Soontobe60 her will was left in Trust for us. The trustee changed the will x

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YouDoYouHun · 22/05/2023 22:18

Seems like there's some info missing here... a will cannot be varied without beneficiary consent, the deed of variation wouldn't be valid without this.

Atishoos · 22/05/2023 22:18

How could they change the will? This sounds odd..Were they trustees and/or executors of the will trust by any chance?

If you could post the wording of the will obviously leaving out anything identifying, or give a summary of the terms it might help in giving advice/information.

Halose · 22/05/2023 22:19

Breach of trust, trustees liable and whoever has knowingly received the subject property of trust to pay you back in equity

AnonymousA1 · 22/05/2023 22:21

@YouDoYouHun there is absolutely no missing information. I am aware the beneficiaries are meant to agree to any changes … I am the beneficiary and didn’t even know until now. Solicitor allowed it.

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AnonymousA1 · 22/05/2023 22:24

@Atishoos yep trustees and executors.

it read “my residuary estate to be left to my daughter “

her residuary estate consisted of the house half hers half his.
a couple insurance policies
2 cars
bank accounts

we seen nothing and the house has been sold.
All profit to my step family.

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AnonymousA1 · 22/05/2023 22:25

@Halose and the solicitor for allowing it ? X

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YouDoYouHun · 22/05/2023 22:25

AnonymousA1 · 22/05/2023 22:21

@YouDoYouHun there is absolutely no missing information. I am aware the beneficiaries are meant to agree to any changes … I am the beneficiary and didn’t even know until now. Solicitor allowed it.

The solicitor can't have allowed it because the deed needed to effect this change wouldn't be valid without beneficiary signature. Without a valid deed of variation probate cannot be applied for and without grant of probate the house wouldn't be able to be transferred - the land registry simply wouldn't accept the transfer deed therefore something is amiss. Unless there was another will and you aren't named as beneficiary so didn't need to consent.

Halose · 22/05/2023 22:26

who mentioned the solicitor being involved ? My guess is there isn’t one on the matter

Christmascracker0 · 22/05/2023 22:27

It’s correct the Executors can change the Will after death (a deed of variation), but the beneficiaries affected must agree. I’d contact the solicitor definitely.

YouDoYouHun · 22/05/2023 22:28

Or unless your mum jointly owned the property with someone who is still living who has a life interest in your mum's share of the property?

Christmascracker0 · 22/05/2023 22:28

Who were the executors?

AnonymousA1 · 22/05/2023 22:29

@YouDoYouHun .

there is an email trail where the solicitor states mr x is concerned the property xxx was meant to be in his name only. I will apply to have the trustee restriction (or words to that effect ) removed.

the house has been sold and not one penny of mums half has been put in the trust. It’s all gone to step family.

the email is on my work computer so my wording might be slightly out :/

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AnonymousA1 · 22/05/2023 22:29

@Halose the solicitor agreed to it.

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YouDoYouHun · 22/05/2023 22:29

Or if your mum owned property jointly with someone else and the property was held as joint tenants it wouldn't matter what the will says, property ownership overrides this so the surviving owner is 100% property owner

AnonymousA1 · 22/05/2023 22:30

@Christmascracker0 i am the beneficiary and I didn’t know until after the house had been sold :(

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