Trust Fund and sister only Trustee

[Smartbutcasual]

My mum left a trust fund of £170,000 my sister is the sole trustee
Mum left no will I was to be the executor and organise the funeral.my brother sneakily applied to be executor he's not worked in 30 years and is always desperate for money but my mum funded his life he's 50+ he went into the bank and drew out all my mums savings saying he was executor of the will. The monies from the trust fund were mainly for my Autistic son to ensure his life didn't alter we know she lives in Jersey no address, tel etc and from 3 weeks she paid £3000 to clear finance from car worth £7000 it was my mums car and supposed to go to my son. She lost £4000 from the trust and gave the car to my brothers chillds mum we've met her once and the child is 16 we never met her. they are best friends and he's flying to Jersey and travelling aĺl over UK while on. Benefits he knows all about the trust but 3 years on she hasnt told who the beneficiaries are, etc but she answered 1 emails when I asked if all four siblings could have trust info etc her reply was I'm the trustee. She's always wanted to be well off she was supposed to learn about basics of Autism. She knows nothing and my son nearly got sectioned last 18 months I had to bring him to my one bedroom bungalow I'm bedridden for 5 years he has to sleep on the lounge wooden floor but it's making my health worse I'm supposed to be resting and recovering she has no idea we don't trust her ability as a trustee she thinks we want the money .I just want her to return the ashes she's had for 3 tears never knew she was as nasty and spitefull i had a solicitor who passed away a short time ago
Please advise

If your mother did not leave a will, it doesn't matter what she said about who should be her executor. Any of your siblings was entitled to apply to administer her estate (assuming she was not married or in a civil partnership at the time of death). However, it must be administered in accordance with the rules of intestacy. Assuming she was not married or in a civil partnership, that means her estate must be split equally between you and your siblings. He cannot simply take all her money and spend it on himself.

Your sister must administer the trust fund for the beneficiaries. It is not her money. She cannot spend it on herself unless she is a beneficiary. If it was supposed to be for, or mainly for, your son, this should have been made clear in the trust documents.

You need to find a solicitor to help you deal with this. You may need to take legal action against your siblings to get this sorted out.

Is it an actual trust fund? If so then misusing the funds is a crime. You need legal advice.

If there was no will, the bank would not have released any cash so not sure how that happened! You can't just say you're an executor, you have to prove it.

As there was no will, OP's brother would have applied to the Probate Registry for letters of administration. Once he had them, the bank would have released the cash.

Some banks will release the money to whoever contracts them, if there’s not too much in there (each bank is different but some will release up to £30,000). Frankly I think it’s wrong.

Really? I had to get the bank to actually countersign the will so we could send to all the relevant companies. I then had to prove who I was and my mum before they would even discuss anything with us let alone move money.

Thankyou I had a solicitor who passed away it was the sneaky way he went about it he kept my mums accounts open for 6 weeks and withdrew my sons PIPS money and spent it on his child he thinks cos he's spent the money it's gone he doesn't know he has to return and divide by 4 .its the trust fund why she refuses to tell me and my other brother about it but is thick as theives with the brother that it seems untoward. thanks

Get another solicitor!

It started as I was to be executor as oldest of four he was nice as nice and then I tell him I'm going to put in for. Letters of Admin He then went into a 6 hour tirade of abuse to me on the phone as he told me he was the executor.he wasn't I was told to put a caveat in so he couldn't be executor and I got a solicitor who sadly passed away a few months ago. But he also got my mums partner (not married ) to use his best friend's funeral service they've wouldn't tell us where tge chapel of rest was we found out 3 months later as hex sent us all an invoice for £1000 each for funeral even though it had been paid in full my mums partner of 20 years never txt mee rang etc to see how we ere we didn't have his number ber 3 years and not a word but I know she was getting ready to leave him once she'd got rid of my sponging brother.

kept my mums accounts open for 6 weeks and withdrew my sons PIPS money
Why was your sons pip money going into your mums account?
Is this the same son who was to get her car and you had to go and collect while being bedridden and he's now sleeping on your wooden floor?

My sons PIPS ect went into my mums account as she was his appointee as he is autistic ASD has psychosis and had been sectioned several years prior my mum retired at 68 as a district nurse and she visited my son everyday for 10 years assisting with bills daily budget.personal and home hygiene as he does not understand worldly things she as his only social outlet taking him on trips and helping us to get him back on track..and because I've been so ill it all collapsed when my mum his gran passed Sept 2121 unexpectedley my brother was rung first as my ex brother was the only number he had as he was fixing the PC at his house where my mum was that day which is why he took over I told him do not tell my son ill have to go over with my daughter his answer was "don't bother I've told him I said your granny was found dead in the shower at dinner so my son stopped taking his anti psychotic as he couldn't handle the grief but more so how he was told..cruel heartless and in 3 years her partner of 20 years has not contacted me once but I'm the only one that knows my mum was leaving him.
Disgraceful behaviour not a thing to ask how we were but he's a millionaire boarding school kid with no empathy and my mum paid for herself holidays shopping he bought her some tea towels for Xmas so you can se why he's an ex brother thanks for your replies as I haven't anyone to talk to since Sept 2021

It is the same son..my sister said re the trust fund she lives in Jersey now over a year she says she knows everything about Jersey and UK law...Well why does she work in a shop and is cheating the trust fund I hope they lose the lot I'll still have my integrity all I want is for her to return the ashes I made a mistake thinking I could trust her to take them to Jersey and return when spread hers.
Not a word again in 3 years

OP - I'm sorry but I can't understand the crux of the matter here, there is too much to digest. You are obviously stressed and perhaps not got it all straight in your head what it is you're trying to ask. You need some help and should engage a solicitor to help you untangle this.