Thank you. Shes thinking of just giving up its too stressful for her. I'll have a look and see wheres best to get advice from.

Don't give up, her Mum wanted her to have the house! Go to the CAB and they should hopefully be able to point you in the right direct. Some solicitors do a "free" appointment, try and find one of those in your area. If she was discharged they have NO claim on the house.

Thanks. The house has been sold. It was to be sold and split between her and her brother. Shes been through so much the last 3 years she just can't deal with it. I'll help. her out as much as i can. I don't know anything about these things so been looking online. I sound stupid but what solicitor would I be lokking for obviously not a criminal or family lawyer. I think the closest CAB is Kilmarnock. I'll give them a call and see if I can get an appointment for her.

Surely the solicitor that has been dealing with matters so far can at least ask for more detailed reasoning from the trustee as to what basis they are saying they can lay claim to the funds? Otherwise why should he not just pay the funds to your mother-in-law as he is supposed to do?

Hopefully there may be crossed wires here somehow that just need to be untangled.

quote:

---

Originally posted by Kevin Mapstone
[br]Surely the solicitor that has been dealing with matters so far can at least ask for more detailed reasoning from the trustee as to what basis they are saying they can lay claim to the funds? Otherwise why should he not just pay the funds to your mother-in-law as he is supposed to do?

Hopefully there may be crossed wires here somehow that just need to be untangled.

---

I'll have her ask him again. He says he doesnt know anything about trust deeds so will seek advice. She sent a recorded delivery letter to the trustee asking for a reason but has had no reply. It was the solicitor dealing with the the sale of house that told her they were fighting it. He said he won't release the funds as he doesn't want to be held responsible for it going to the wrong person. Im hoping its just a crossed wire but the trustee has ignored letters from her and the AIB.

Hi. The trustee has contacted the solicitor and said Thank you for your email. I can confirm we are still in the process of taking legal advice from our solicitor and corresponding with the account in bankruptcy in relation to this matter. At present i have forwarded our solicitors comment to the AIB and i am waiting for there response. Once the solicitor and the AIB are in agreement i will email you the outcome.

Now does my mother in law go see a solicitor or wait on the outcome of this.

Mother in law has spoken to someone at the trustees office and she has said they cannot give a reason until their solicitor and the AIB have talked it out. Seems its all a big con. They did say after dishcharge she was debt free but they're coming back saying its owed to the creditors.

Hopefully, as Kevin said, it is a crossed wire. If she and the Trustee are discharged, the AIB have the discharge date for both, I don't see how, legally, they have any claim on the inheritance. I would wait and see what they come back with. If it is a case of a crossed wire, great. If not, then, if she feels up to it and is able to, go and see a solicitor as this sounds so very wrong.

quote:

---

Originally posted by Neverendingstory
[br]Hopefully, as Kevin said, it is a crossed wire. If she and the Trustee are discharged, the AIB have the discharge date for both, I don't see how, legally, they have any claim on the inheritance. I would wait and see what they come back with. If it is a case of a crossed wire, great. If not, then, if she feels up to it and is able to, go and see a solicitor as this sounds so very wrong.

---

Thank you. Yeah it seems crazy to me. We have a number for a solicitor that should be able to help so we'll wait and see what happens after they have had their talks. It is affecting her now. So hoping its dealt with soon.

Hi we've heard back from the trustee. He said because the will was made in 1985 he is entitled to it. The solicitor dealing with the sale of the house and will has sent all information to someone in Edinburgh that knows more about it. Hopefully have a reply in the new year.

I'm sorry to have to be so blunt, but it doesn't really matter when the will was made - the important (relevant) date is the date that the will-maker died.

The trustee needs to give you chapter and verse (and section and subsection) for his reasons for believing that he is entitled to this inheritance.

If you haven't received that level of detail, ask the trustee to provide it. Ask him to spell out the legislative basis for making a claim on the inheritance. Every section and subsection of every Act or Regulation that he thinks gives him an entitlement to the inheritance.

If he can't give you that detail, then how can he say that he is entitled to the inheritance?

Thank yoy.Unfortunately we never get a reply from him. It was the AIB that let my mother in law know. Every letter that she has sent to him asking for the reason it has been ignored. Every call he hasn't been available. We're hope the solicitors contact will get more information for her.

Definitely one for proper legal advice here NicolaW.

It sounds to me like the trustee believes that your mother in law became the owner of this property before her mother passed away. I recognise that you’ve stated otherwise already.

Thank you. Yeah I don't understand it. Hoping she hears back from this solicitor soon and gets it sorted as soon as possible.

Hi have spoken to a few solicitors wbo aren't to sure of trust deeds. The solicitor dealing with the sale of house is looking for a specialist solicitor that can deal with it. However the Trustee has said he is able to make a claim on the inheritance due to a change in the law a few years ago. Do any of you know when and what law this was?