Qualms in regards to a discretionary trust fund.

DEGLHJT

New Member
Jurisdiction
United Kingdom
Hello,

In 2003, my grandmother passed away and formatted her assets into a discretionary trust fund - naming me as the sole benefactor and her late half-brother as the only trustee. As an when his passing came about, his wife became the trustee and subsequently has total control of the fund.
Due to the emotional attachment involved, my mother stepped away from fighting for any of the money//assets leaving my fiancé and I to vie with Maria ((trustee)) for control of the contents of my grandmother's will.
It is defiantly a discretionary trust fund - from what I understand she should release funds as and when she decides ((thus "discretionary trust fund!)) - I've located a list of things that feasibly come within this bracket ((in constitution with the generic responsibilities of a trustee)) but judging solely on what my mother has told me Maria has been nothing but difficult and indeed in the 13 years since my grandmother's passing has released around £400 of what numbers well over £300k; thereby I'm hesitant to try and make what'll be first personal contact with her for fear she will already have formulated a way to trick me into a noose & only avoid any need to give me any of the money etc.
Seeing as she is indeed the only trustee, what is the protocol of having her removed from the fund? Who'd go in her place? is there any way for me to become the trustee of the fund if indeed I am the only benefactor? What if she has been spending the money?

I apologise for all the questions - I am desperately trying to find a solution to my woes!

Many thanks to anyone who can help,
DEGL.
 
1 - You're not a benefactor, your a beneficiary. Big difference. Look it up.

2 - This site deals with US law. Try the following international site that may have UK people who can provide helpful comments.

WORLD Law Direct Forums

3 - I suggest you engage a trust lawyer in your country because you aren't likely to get Maria to cooperate without a court order.

4 - If your grandmother's half brother was the "only trustee" how did his wife become trustee if there was no secondary trustee listed in the trust. Or have you never actually seen a copy of the trust and have no idea of what it really says? All the more reason to hire a lawyer with 300,000 quid at stake.
 
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