How to access a trust fund left to my son

[Ronnie2022]

So. paternal grandfather of my ds passed away a few years ago. He had set up trust funds for the grandchildren, I believe to be accessed when 21.

my son hit 21 but the problem is his grandfather’s second wife (and executor) has gone very quiet about the whole thing .

any advice ? We don’t see her much as not very close - should we instruct a solicitor?

thanks )

I would. A solicitor's letter often jolts people into doing the right thing and hopefully it will only take one letter.

(I work for a solicitor)

Thanks @CharlotteStreetW1 - it seems quite an extreme thing to do in a way. Can a trust fund be at the discretion of the NoK to administer ?

Do you know who the trustees are?

It’s up to the trustees to make the decisions about looking after/distributing the money, but the rules of the trusts should have been set out in the Will of the deceased.

Ah I suspect it is at her discretion - but what if she never let me son have it ?

I think she must be the sole trustee as she inherited his estate

Usually there’s at least 2 trustees but ideally 3, sometimes a solicitor/accountant is the trustee.

It depends on the type of trust and wording of the Will - sometimes trusts have to be given to the beneficiary at a certain age and she can’t really go against that. She definitely can’t take the money for herself and it would be difficult to redirect it to someone else if it’s in trust.

I don’t think you need a solicitor now, it’s probably easiest to contact either the second wife and ask her outright about the trust or perhaps approach the solicitor that dealt with the estate at the time for some more information.

Get a copy of the Will https://www.gov.uk/search-will-probate to see what the Will actually says.

Your son will need to book the appointment with the solicitor as he would be the client.

The will probably won't detail the trust if it was set up while your sons grandfather was alive as he would have technically already given the money away.

A Trustee has a legal responsibility to manage the trust assets for the benefit of the trust's beneficiary, in this case your son.

I'd suggest contacting the wife and if she isn't helpful get a solicitor involved. Also, might any of the other grandchildren's parents have details?

Pointless speculating. You need to get a copy of the will to see exactly what assets were put into the trust, the type of trust, who the executors are (usually 2 or more), and details of the beneficiaries and their rights. Without that, no one can do anything.

Just talk to her or ask your son, who at 21 is an adult, to discuss things with her - that would also indicate he is mature. We are trustees, but the children do not receive the money until they are older than 21, so this may be the case for your son.

I think I would be inclined to discuss the matter directly with the young person once they are of aged rather than via their parents. Of course, if the parent wanted to draw down money early, before the child was of age, that would have to be in line with the trust and the trustees would have to be content.

What does gone quiet actually mean? That you’ve been speaking to her about it recently then she stopped returning your calls?

Or - sounds more like - you simply haven’t even contacted her to say, “Josh is 21 now, so can we get together and sort out the money <grandad> left in trust for him please?”

Assuming your child’s father is still alive, as it’s his dad’s money that’s been left, I think he should. 21 is an adult, but young enough to feel a bit awkward.

Hi all - this was easily sorted by my son getting in contact with his step grandmother.

tnanks for all the advice !