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Trustees needed in our wills?

4 replies

Roystonv · 02/10/2025 09:04

Sorry, me again - having a legal sort out. There is dh over 70, me 65, dd nearly 40 and ds middle 30's. We want wills very simple so to dh if he is still going, then 50% to each child. I thought our mirror wills were fine, properly drawn up by local sol in 2021 but on re-reading they have 1) created a trust with DH and dd as trustees and I do not understand why and 2) in making this trust it gives personal chattels for "their own absolute and benefit" to dh and dd. DH & DD are executors (no DS as tbh would be no help at all!). If we remove dh in the inheritance process! then dd is left as the remaining trustee. Whilst I would expect her to be very fair in regard to splitting these personal chattels I do not want ds to think he has been ignored as there has been some disharmony in the past. Spoke to sol and they say new wills needed and £300 + VAT, can't prove they got it wrong (if they did) and we can't afford that. So can anyone explain about the trustee bit, do we need it? I have researched and seems not, would welcome clarification. As an aside we live in a small town and do not want to discuss with another local firm so are a bit stuck.

OP posts:
prh47bridge · 02/10/2025 09:17

More information is needed if you are to get advice. For example, if the trust is a lifetime trust allowing your husband to continue living in the property until he dies with it then being divided between your children, that would be normal, and the trustees would be necessary.

The personal chattels are things like furniture, clothes, cars, jewellery, etc. Do you have anything of significant value? If not, it makes little difference whether you leave any of them to your son unless there is something he would want that is of sentimental value to him.

P00hsticks · 02/10/2025 09:28

Who are named as the executors ?
If it's your husband and daughter then I think it's normal to refer to them in a will as being trustees of the estate - it doesn't necessarily mean that a formal trust is being set up.

But I'm not an expert....

Roystonv · 03/10/2025 09:21

@prh47bridge Thank you for your reply. Unless it is normally used in simple wills then there is no trust and one is not needed. It will be dh who inherits if he is still alive (and vice versa) and if not, then the estate will be split 50/50 between our 2 children. With regard to personal chattels I do have some nice bits and pieces of jewellery so yes there is something to leave but again it would be managed as above. I am not bequeathing anything to one child/person. I do not understand why my dh and dd have charge of the chattels and can do with them as they wish with no mention of them being shared between all 3.

OP posts:
P00hsticks · 03/10/2025 14:03

@Roystonv who are named as executors ? If it's your dh and dd, then see my previous post....

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