Unlucky Inheritor
New Member
- Jurisdiction
- United Kingdom
My mother passed away in July 2019.
The problem centers around her Will.
In her Will, she created a Will Trust.
My share was to be placed into a Discretionary Trust, I was to be given money in the form of "loans", which I feel is rather odd in itself.
My older brother and her Financial Advisor are Trustees.
Their is a conflict of interest regarding the fact that if anything happens to me my brother gets the Remainder of any of the Trust.
He does not need any money himself, he has been mortgage free for many years, and between him and his wife they earn around £100K a year.
I am in ill health and now have 10 things medically wrong with me, so therefore am unable to work.
My benefits are non means tested so any monies received I won't need to declare.
My mother was fully aware just how stressful dealing with the benefits system was for me, she attended benefit medicals and tribunals and saw how I struggled in all of them, yet she chose to leave me at 48 years old with no access to my own money, leaving me dependent on state benefits.
The only thing I was allowed was my husband's mortgage got paid, that was it.
Since then and that was 2 years ago, my brother has since refused me any more money.
He keeps telling both me and our father that "I want money for the grandchildren", and I am £800 a month better off without the mortgage.
This is not true as my husband was paying the mortgage, my finances remain unchanged.
Since February this year I instructed a firm of solicitors on a no win no fee basis.
They have been asking repeatedly for the Estate and Trust accounts under Schmidt v Rosewood caselaw, the Trustees have refused point blank to supply the information.
I have suspicions that my brother has been giving distributions to the grandchildren who are not entitled to the Trust all the time whilst I am alive.
My brother has also committed fraud.
He bought mum's house in September 2020, he paid £306K for it (I have a copy of the Land Registry), but he only paid £193K into the Trust, a shortfall of £113K remains unaccounted for.
He also bought himself a brand new car and motorbike, whilst denying me the same rights.
My benefits end in May 2022, I am concerned my brother will leave me penniless, what can I do!?
The problem centers around her Will.
In her Will, she created a Will Trust.
My share was to be placed into a Discretionary Trust, I was to be given money in the form of "loans", which I feel is rather odd in itself.
My older brother and her Financial Advisor are Trustees.
Their is a conflict of interest regarding the fact that if anything happens to me my brother gets the Remainder of any of the Trust.
He does not need any money himself, he has been mortgage free for many years, and between him and his wife they earn around £100K a year.
I am in ill health and now have 10 things medically wrong with me, so therefore am unable to work.
My benefits are non means tested so any monies received I won't need to declare.
My mother was fully aware just how stressful dealing with the benefits system was for me, she attended benefit medicals and tribunals and saw how I struggled in all of them, yet she chose to leave me at 48 years old with no access to my own money, leaving me dependent on state benefits.
The only thing I was allowed was my husband's mortgage got paid, that was it.
Since then and that was 2 years ago, my brother has since refused me any more money.
He keeps telling both me and our father that "I want money for the grandchildren", and I am £800 a month better off without the mortgage.
This is not true as my husband was paying the mortgage, my finances remain unchanged.
Since February this year I instructed a firm of solicitors on a no win no fee basis.
They have been asking repeatedly for the Estate and Trust accounts under Schmidt v Rosewood caselaw, the Trustees have refused point blank to supply the information.
I have suspicions that my brother has been giving distributions to the grandchildren who are not entitled to the Trust all the time whilst I am alive.
My brother has also committed fraud.
He bought mum's house in September 2020, he paid £306K for it (I have a copy of the Land Registry), but he only paid £193K into the Trust, a shortfall of £113K remains unaccounted for.
He also bought himself a brand new car and motorbike, whilst denying me the same rights.
My benefits end in May 2022, I am concerned my brother will leave me penniless, what can I do!?
