I have been discharged from my trust for a couple of years and last month my late father left me a sum of money in his will.I have just found out I have had the money taken from me due to my old trust deed.I'm just devasted and don't know what to do.
Hello 1681
I am sorry to hear of your loss. Sad enough without the complication you have indicated.
I am very interested to learn the responses here since my Mum is currently creating an updated will and your situation might well apply to me if circumstances occur.
To be honest, it doesn't seem to tie up.
I assume the trust deed was signed after April 2008 and you were discharged in 2012. If this is the case and you received money after your discharge in 2012, then this should not come under the control of the trustee.
If you provide more information, we can hopefully assist.
Mark
Mark is not posting regularly in the Trust-deed.co.uk forum.
Hi 1681
I am sorry to hear of your loss.
I think that to be able to fully help you through this situation the experts will need some specific information as follows.
1, What date did you sign the trust deed?
2, What date did you receive your discharge?
3, What date was your trustee discharged?
4, The date your father sadly passed away?
With the above information hopefully the experts and other site members can assist you.
Tonyd
I would also ask:
5. Who managed your Father's estate? (Executor)
6. Who decided that the money had to be taken from you?
7. To whom was the money sent/given? (Has that actually happened
yet?)
I can imagine how upset you may be in these circumstances and I hope the experts here can help you in some way.
Hi all.
I think that all the experts are clear that if 1681 has formally been discharged, and that he became entitled to this inheritance after that discharge, that this will be resolved in 1681's favour.
What might have happened is that someone has done an insolvency check prior to distributing an inheritance and discovered that a trust deed was still "open" because the trustee isn't yet discharged. They might play it safe by forwarding the inheritance to the trustee. That doesn't mean that the trustee would be able to keep it though.
Obviously I don't know the facts but this seems like a possible course of events based upon 1681's comments thus far.
Hi TDA
That's certainly my impression given the time period which has elapsed since the inheritance was paid.
Mark
Mark is not posting regularly in the Trust-deed.co.uk forum.
quote:
Originally posted by Trust Deed Assistant
Hi 1681 and welcome.I'm sorry to hear about the loss of your father.
What was the date of your discharge? Has that definitely happened already?
hi I was discharged around two years ago the company now say it is something to do with PPI. I'm confused
quote:
Originally posted by Kevin Mapstone
I'm sorry for your loss, 1681.Did your father die after your trust deed ended?
hi there yes my father passed away about two years after I was discharged. The company now quote an issue with PPI.
You're not the only one who is confused, 1681. What has PPI got to do with your inheritance?
I'm guessing that your trustee is maybe still in place to deal with PPI reclaims. However, that doesn't give them the right to keep your inheritance - if you were discharged before your father died then they can have no claim over that.
Who is the executor of your father's estate? Have they paid the funds to your trustee already?
quote:
Originally posted by Firewalker
I would also ask:5. Who managed your Father's estate? (Executor)
6. Who decided that the money had to be taken from you?
7. To whom was the money sent/given? (Has that actually happened
yet?)I can imagine how upset you may be in these circumstances and I hope the experts here can help you in some way.
Hi there to answer some of your points
A firm of Glasgow solicitors managed my fathers estate.
The company who managed my deed asked for the cheque to be sent to there office.
This has now happened.
quote:
Originally posted by Kevin Mapstone
You're not the only one who is confused, 1681. What has PPI got to do with your inheritance?I'm guessing that your trustee is maybe still in place to deal with PPI reclaims. However, that doesn't give them the right to keep your inheritance - if you were discharged before your father died then they can have no claim over that.
Who is the executor of your father's estate? Have they paid the funds to your trustee already?
HI there yes I was discharged before my father died.
The executor of my fathers estate was a Glasgow based firm of solicitors.My siblings have all now received there cheques and my share was sent to the company who managed my company.