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Posted: 26 November 2017 12:10:22(UTC)

Joined: 26/11/2017(UTC)
Posts: 1

Im new to here and was wondering if someone could help!
I recently gained access to my deceased mothers will. She dies when I was 14 and I am now 20. In the will it states:
7.1: The trustees shall hold the trust fund among trust for my husband absoloutely (my dad is the executor)
7.2: Subject to the provisions of Sub Clause 1, the trustees shall hold the trust fund for such of my children as shall survive me and attain the age of 21. If more than one in equal shares absolutely.

My question is, I was 14 when my mother died so is 7.2 talking about if I had been 21 or above at the time of the death or that her wishes were for my brother and I to recieve the trust fund from the trustee once we meet the age of 21?
Any help would be great, do not want to talk to my dad about this to avoid tension between us.
Posted: 27 November 2017 23:51:57(UTC)

Joined: 09/03/2011(UTC)
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I don't quite see why you feel you can't ask your father - as Executor you would have to deal with him anyway - or why there would be "tension". If you really feel you can't speak to him about it, take a copy to a solicitor and get him to read the will and explain it to you.

With the caveats that I am not a solicitor, that you should not rely on comments from strangers on a bulletin board, and that the small extract of the will may not present the whole picture, this suggests to me that your mother's intention was that your father should have a "lifetime interest" in her estate and that, on his death, it would pass to you and any siblings then living and over 21. One can't second-guess why it was set up in this way rather than your mother simply leaving everything to your father on the understanding that he passed it on to you when he dies but maybe it was just to ensure that he didn't blow the lot on a world cruise and leave you nothing! In my family, we had a similar arrangement in that my stepfather had a family by his previous marriage but he wished to ensure that my mother was looked after for her lifetime, so his will placed his assets in Trust for my mother for her lifetime, and on her recent death, the Trust was wound up and the assets divided between the children of his first marriage.

If, as I guess, your father has a lifetime interest, he shouldn't feel upset about you asking (if you were worried he might think you're trying to take it off him!). It is perfectly reasonable for an adult child to take an interest in these things and, indeed, families should talk about it openly IMHO. There will have been estate accounts prepared on your mother's death and you could ask to see these and how the estate has been managed over the past 6 years or so.
1 user thanked jeffian for this post.
Tim D on 28/11/2017(UTC)
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