How can DS access trust fund?

[RoseWei]

DH's mother set up a trust fund for all her grandchildren. Seems that my oldest DS, who doesn't now give sign of life, got his share upon his 21st birthday. Trustee is DH's sister with whom he has appalling relations cos of her very bizarre behavior following their mum's death.

We know the name of the life and investment co that the fund was/is with and the contact details of both the trustee and the executor-solicitor (though will etc dealt with some 4 years ago). And the approx amount each grandchild was set to get once they turned 21.

The fund was not referred to in the Will.

Now, another DS of ours is nearly 21 and is, naturally, wondering about the money, particularly as, at the funeral, said aunt mentioned it to him.

He's wondering what to do - fears that as (very likely) the sole trustee of the fund, aunt can do what she wants and divvy the remaining funds amongst her own children (who are already over 21). We have no idea what the grandmother proposed - or how much lee way the trustee has - such are relations between DH and his sister.

My feeling is that DS should write to aunt - copy in the investment co and the original solicitor. He's at Uni and could certainly do with the funds - for now and the future. Any thoughts gratefully received!

(Perhaps I should have posted under Legal?)

From memory and a small amount of legal knowledge most trusts require two trustees so the aunt cannot make the decisions alone (might be worth checking with the legal board, though). Also, the trust deed should be somewhere and should detail what happens with the money. If it says that your children are entitled to a share then the aunt can't just give the money to her own children. But if the trust deed leaves it to the trustees' discretion it may be more complicated. So the first step is to look at the deed to see who the trustees are and what it says about the cash distribution.