Sorry to hear about your dad. I'm sure one of the experts will clarify this but I don't think you can sign your share over to your sister. As it is 'acquirenda' I think your trustee will have an interest in any inheritance although as there are others involved in the share of the house they couldn't force a sale to realise the value.

I'm sorry for your loss, bettybongo999.

I wish I could give you better news, but I'm afraid your Trustee has an obligation to gather in your share of any inheritance for the benefit of your creditors. When you signed a Trust Deed you promised that any windfalls that you might receive during the term would be made available to pay towards your debts.

I am sure the Trustee would be happy to find the most suitable way for the value of your inheritance to be gathered in (or at least enough of it to clear your debts and interest and the costs of administering the Trust deed). So I'm sure they will be open to family "buying out" the Trustee's interest in the property in some way.

Ultimately it may be possible for the Trustee to force the property to be sold if an alternative cannot be found, however this would be a very last resort.

Thank you for your information. I think I will phone the solicitor tomorrow ahead of Tuesdays meeting with her, my mum and sister, get advice from her first too. That way, it seems I DO have to come clean (which is very frustrating as I've just literally 3 days ago paid my 36th payment!), at least when I come clean I can explain that I have looked into it first. It's all very frustrating as when I originally signed the will just back in October both my mum and myself were pretty sure it was if my dad died, my mum got everything. When she died, me and my sister got 50% equal share each. Therefore I didn't think anything of it! Never realised until after my dad's passing that my mum got 50% and classed as executor, and both myself and sister were trustees with 25% each.

Just more disappointed that I have to come clean about it as I got this far and almost out of the woods without them knowing and being disappointed in me :o(

Thank you again for your advice.

Just a little update.

I have this morning phoned the solicitor. Thankfully I have a bit of breathing space as our meeting tomorrow is for her to check paperwork etc. She knows everything now about my trust deed. She advised to talk to my trustee and explain to them.

So I have done just that. As I am at the end, I'm due my final annual review anyway. They are going to try to extend the trust deed to take into account my share of the property but as my mum would be living there still and the majority owner of the property, they are unlikely to ask to release funds from the property as there are 3 joint owners.

for a £10050 trust deed I have paid over £5000 over the 36 month period. I have never deviated from this payment and have always provided information to them when asked. We are now just dealing with the arrears on the account which was things I sold and my boyfriend having his wages put ito my account etc. Once they review all that, which i have provided explanations for, then we can get a final standing on where we are.

They are hoping to just extend the trust deed period to allow me to pay more of my debt personally and they would not take the property into account. I find out at 5pm today and find out where I finally stand once and for all.

I feel better for looking into it all and when/if I do tell my mum and sister, i know they will be very disappointed but at least I can say I have tried to sort it all out myself and tried to avoid any compications.

Thank you x

Hi bettybongo999

It may be a bit of a long shot, but you should ask your solicitor if the title deeds to the property contains a survivorship clause. This is actually more common than not.

Very generally on death, the rights to the property legally pass to the other party if the survivorship clause exists. I think, but I'm not 100% sure that this supercedes the instrcutions left in a Will.

Mark

I'm curious about the wording you have used, bettybongo999. You said that you and your sister are trustees of the will. Did you mean beneficiaries, or is there some kind of trust set up of which you are trustees?

It could be an important distinction as if you are merely some kind of trustee then you might not technically own the property after all and your trustee in the trust deed would not have any claim over it.

I'm not too sure of the wording. we had out meeting with solicitor today and she was referring to my sister and I as executors. So as it stands my mum is executor of the estate owning 50% of the property and all other assets, i.e. savings, monies, pensions etc. Then we were referred to as executors owning 25% of the property share each. She waas to apply to court to get the names changed over, so the meeting today was to get everyones particulars etc.

I was sure I read in the will that my mum was executor of the estate and both myself and sister were trustees getting 25% each. This was to protect the full value of the property should my mum have to go into residential care. They could only claim for my mum's half of the house.

also solicitor said that when reapplying for house insurance that both myself and sister have to be named on the insurance documents as we are now involved with the house.

I somehow needto obtain a copy of teh will for my Trust provider so they can see a copy. My solicitor cannot give me a copy without my sisters consent! My mum has her main copy and I should be able to manage to get a copy of that without anyones knowledge. Hate the sneaking about but hopefully I can get all this resolved without having to involve anyone else. it's my debt and I want to pay it myself! that's the frustrating bit!

Once I obtain a copy I can look at the wording alot more closely and can advice better on that! But as far as I was aware we were trustees, and mum executor. But now we are being spoken to as "executors"! Very confusing!

That does sound confusing bettybongo999.

Please let us know what you learn as it all becomes a bit clearer.