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Trust administration

5 replies

MrsDux · 27/11/2025 16:33

My dad passed away almost 2 years ago. In his Will he left 2 specific properties to his husband and his sister. He also co owned at least 2 rental properties as tenants in common with his husband, which are not specifically mentioned in the Will. The Will leaves his 'residuary estate' in trust with the sole trustee being his husband. It states that on and upon the distribution date the fund trustee holds the fund for his children (myself and my brother). Distribution date is stated as the earliest of either the death of his husband or when his husband relinquishes or compounds the entitlement, or the date of any other event which terminates such an entitlement.

My dad's husband hasn't spoken to myself or my brother since the day of my dad's funeral and has blocked/ignored any attempted contact, which is obviously causing us problems.

My question is, how do we know what was contained in the trust at his death, how do we know his husband hasn't changed this and and how would we know when the trust is terminated/his husband sells/dies?

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prh47bridge · 27/11/2025 17:52

You have a right to information about the trust, including the trust's assets, income and expenses. You should warn him that you intend to apply to the courts for an order compelling him to supply this information unless he provides it in within 28 days.

If warning him fails to produce a response, you should consult a solicitor. if you have home insurance including legal cover, they may be able to help. Ultimately, if the trustee continues to refuse to communicate, you can have him removed.

MrsDux · 27/11/2025 22:46

Thank you, I've tried ringing but he's blocked me, emailing but have no proof of receipt, sending registered post but he hasn't signed for it, so not sure how else I can give him the warning. I'll look at our home insurance to see if we have legal cover as I worry that legal costs can balloon

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prh47bridge · 27/11/2025 22:49

Email or a letter is fine for the warning. You don't need proof he has received it, just that you have sent it to his known email address or home address. If he doesn't respond, I would recommend getting a lawyer involved.

ClickClickety · 28/11/2025 14:35

You should put an alert on the rental properties that are in the trust in case someone tries to sell or borrow against them.
https://www.gov.uk/guidance/property-alert

I would also check local planning permission records to see if any changes have happened to them.

Property Alert

Sign up to HM Land Registry's free Property Alert service to help protect your property from fraud.

https://www.gov.uk/guidance/property-alert

MrsDux · 28/11/2025 22:52

Thanks, that's useful to know. Unfortunately we only have the address of one of the properties but that could be a start

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