Meet the Other Phone. Protection built in.

Meet the Other Phone.
Protection built in.

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.

Sole Trustee

5 replies

lawrencium8 · 26/06/2023 10:35

My dad's will passed ownership of the family property to my mother, who is currently quite sick and may not recover. I am unclear as to the legal implications of the trust set up in her will in respect of the family property.

My mother's will states that, in respect of the family property, that the "exclusive right to hold, use, occupy and enjoy" the property is given to my brother as the sole trustee with absolute discretion as to sell the property or delay such sale, but he holds the proceeds of such a sale and any part of the Property unsold upon trust for two beneficiaries, 60% for himself and myself in 40%. What rights will I have in relation to the property? Whilst my brother has "exclusive" rights to the property and will presumably be able to live there, surely as trustee he needs to act in my best interests as well. As my brother and I do not have a good relationship and are not on speaking terms, I do not trust him to act in my best interest.

OP posts:
Bromptotoo · 26/06/2023 13:52

Does your brother live in the house?

Collaborate · 26/06/2023 18:04

It is a bare trust. If he chooses to live there he should pay you a sum of 40% of the market rent. He should probably sell up.

Thehouseofmarvels · 26/06/2023 23:46

Can you afford to fund your share of repairs while he lives there?

lawrencium8 · 02/07/2023 10:37

thanks for your comments - my brother does live in the house, I could probably fund my share of repairs but it would be difficult to manage the same as I am not living in the same country.

Is the position that, if my brother wants to continue living in the house with his family, I would be entitled to 40% of market rent - even if he has a so called exclusive right to occupy

OP posts:
Collaborate · 03/07/2023 10:52

lawrencium8 · 02/07/2023 10:37

thanks for your comments - my brother does live in the house, I could probably fund my share of repairs but it would be difficult to manage the same as I am not living in the same country.

Is the position that, if my brother wants to continue living in the house with his family, I would be entitled to 40% of market rent - even if he has a so called exclusive right to occupy

It's unclear. If he has the sole right to occupy the property but he holds it on trust for you both then those two things contradict eachother.

You would have to provide the precise wording in the will.

I am not a private client lawyer though.

New posts on this thread. Refresh page