Inheritance due, no contact from solicitor
Discussion
ReaderScars said:
Sid's Dad said:
Sorry but I have absolutely no idea what you are talking about.
You started off talking about an inheritance, but now you seem to talking about trustees in breach.
Which is why I opened the thread with: "(Sorry for the lack of correct terminology)"You started off talking about an inheritance, but now you seem to talking about trustees in breach.
Sid's Dad said:
And as for this nonsense about solicitors not returning calls or replying to letters...
The little I know about this is more than you do - yet you know better about the lack of comms from the solicitor - really?And "get legal advice' to paraphrase... really - you shouldn't have. But thanks!
So what would you suggest?
1. Explain half the problem and ask the internet what they think
2. Consult an expert.
You can get all snippy if you like but really it's the only sensible answer to give.
You could give the Legal Ombudsman's office a call. They deal with complaints against solicitors. I would think that they could advise you what action you could take including raising a formal complaint against the solicitor for no communications and telling the solicitor you have contacted the LO already for advice.
R.
R.
Sid's Dad said:
He needs the Scottish Legal Complaints Commission.
It seems he does. I'd much prefer them to look into things on my dad's behalf than have additional solicitors involved to be honest.My snippiness is due to your comment 'nonsense about solicitors not replying' - the implication appearing to suggest I'm lying. Which irritates somewhat.
Thanks to all for the info given so far.
Apologies for the confusion - this isn't really my business, I just want to find out what might be available to help him without me prying into this matter too much.
If you aren't too far away perhaps make an appointment under the name Count Igor von Loobwitz,with the lawyer concerned, ostensibly to discuss new business, and at the appointment reveal your true identity and demand answers... with a suitable letter of authority from your dad in hand... no escape for him then
kowalski655 said:
If you aren't too far away perhaps make an appointment under the name Count Igor von Loobwitz,with the lawyer concerned, ostensibly to discuss new business, and at the appointment reveal your true identity and demand answers... with a suitable letter of authority from your dad in hand... no escape for him then
But wear a cape and top hat. And don't forget to say moooouuuuaaaahhaaaaaa a lot. kowalski655 said:
If you aren't too far away perhaps make an appointment under the name Count Igor von Loobwitz,with the lawyer concerned, ostensibly to discuss new business, and at the appointment reveal your true identity and demand answers... with a suitable letter of authority from your dad in hand... no escape for him then
I suppose it's a good excuse to buy a new cape and monocle.ReaderScars said:
Apologies for the confusion - this isn't really my business, I just want to find out what might be available to help him without me prying into this matter too much.
I really can't make head nor tail of the story you've provided and it sounds extremely dodgy to me.As others have said, anything regarding a will, probate etc, takes many months to sort out but if the solicitor thought your dad was involved in some way then I would have expected them to be in touch if only to confirm name and address etc.
People snooping around on behalf of others is always fraught - your dad might not want you do that at all in which case you getting wound up and wasting time for nothing. However I would suggest, in view of how vague this situation seems, that your dad takes very positive action to find out what's going on. Trying to recover the position at a later date will be much more difficult.
So your Dad and Uncle are the named beneficiaries of a Trust that would only come in to force upon the death of the person "Managing the trust"? Sounds like the Settlor created a Will Trust for their investment portfolio. Complication has been created by Uncle pre-deceasing the Settlor (or did Uncle die after Settlor but before Probate?).
You mention your Dad's inheritance "became due" - was there a specific stipulation of when this would happen (i.e. when he reached 65) or are you just saying "Settlor died 6m+ ago, we know Dad's a beneficiary, it should be accessible by now"?
Ordinarily assets in an existing Trust can be easily dealt with because they are outside the estate of the deceased and Probate is not required. This is what also makes me think the Trust was formed in the Will, along with the fact that the Settlor "managed" the assets, so may have been enjoying a benefit until death.
The Trustee act is quite explicit in the duties of Trustees to act responsibly and under independent advice or with the benefit of sufficient personal knowledge and experience. This is becoming quite a wake-up call to legal practitioners who are not authorised to give investment advice or have cross-referred to SJP thus blowing the independence bit to pieces.
Challenging a Professional Trustee in this situation will be a major PITA but the system is there. I'm assuming the law applies in Scottishland the same as it does here!
You mention your Dad's inheritance "became due" - was there a specific stipulation of when this would happen (i.e. when he reached 65) or are you just saying "Settlor died 6m+ ago, we know Dad's a beneficiary, it should be accessible by now"?
Ordinarily assets in an existing Trust can be easily dealt with because they are outside the estate of the deceased and Probate is not required. This is what also makes me think the Trust was formed in the Will, along with the fact that the Settlor "managed" the assets, so may have been enjoying a benefit until death.
The Trustee act is quite explicit in the duties of Trustees to act responsibly and under independent advice or with the benefit of sufficient personal knowledge and experience. This is becoming quite a wake-up call to legal practitioners who are not authorised to give investment advice or have cross-referred to SJP thus blowing the independence bit to pieces.
Challenging a Professional Trustee in this situation will be a major PITA but the system is there. I'm assuming the law applies in Scottishland the same as it does here!
pacoryan said:
So your Dad and Uncle are the named beneficiaries of a Trust that would only come in to force upon the death of the person "Managing the trust"? Sounds like the Settlor created a Will Trust for their investment portfolio. Complication has been created by Uncle pre-deceasing the Settlor (or did Uncle die after Settlor but before Probate?).
Thanks for translating my enquiry into English, I'm sure it's also appreciated by others...My uncle died 15-20 years ago, the Settlor last year. The uncle sold his share a number of years before his death. And yep, the Trust would only come into force upon the death of the Settlor.
pacoryan said:
You mention your Dad's inheritance "became due" - was there a specific stipulation of when this would happen (i.e. when he reached 65) or are you just saying "Settlor died 6m+ ago, we know Dad's a beneficiary, it should be accessible by now"?
I was told that, upon the death of the Settlor, the portfolio would then be split between my dad and the 'new keeper', who would instruct the solicitors what to do (continue the maintenance or sell up). He also twice stated his expectation that she'd live to a ripe old age - which she did.pacoryan said:
Ordinarily assets in an existing Trust can be easily dealt with because they are outside the estate of the deceased and Probate is not required. This is what also makes me think the Trust was formed in the Will, along with the fact that the Settlor "managed" the assets, so may have been enjoying a benefit until death.
I see - a Will has never been raised/discussed - I can't see, at the moment anyway, any reason why my dad would be included in the Settlor's Will as they weren't related. The Settlor was a long term employee of my dad's mother and the family.pacoryan said:
The Trustee act is quite explicit in the duties of Trustees to act responsibly and under independent advice or with the benefit of sufficient personal knowledge and experience. This is becoming quite a wake-up call to legal practitioners who are not authorised to give investment advice or have cross-referred to SJP thus blowing the independence bit to pieces.
Challenging a Professional Trustee in this situation will be a major PITA but the system is there. I'm assuming the law applies in Scottishland the same as it does here!
Thanks for the nod on the Trustee Act - presumably 2000 if it's becoming as you describe, a wake up call? Good to know there may be a (rocky) path to redress should it be required.Challenging a Professional Trustee in this situation will be a major PITA but the system is there. I'm assuming the law applies in Scottishland the same as it does here!
Again thanks for clarifying what it is I've been trying to bang on about.
ReaderScars said:
pacoryan said:
So your Dad and Uncle are the named beneficiaries of a Trust that would only come in to force upon the death of the person "Managing the trust"? Sounds like the Settlor created a Will Trust for their investment portfolio. Complication has been created by Uncle pre-deceasing the Settlor (or did Uncle die after Settlor but before Probate?).
Thanks for translating my enquiry into English, I'm sure it's also appreciated by others...My uncle died 15-20 years ago, the Settlor last year. The uncle sold his share a number of years before his death. And yep, the Trust would only come into force upon the death of the Settlor.
pacoryan said:
You mention your Dad's inheritance "became due" - was there a specific stipulation of when this would happen (i.e. when he reached 65) or are you just saying "Settlor died 6m+ ago, we know Dad's a beneficiary, it should be accessible by now"?
I was told that, upon the death of the Settlor, the portfolio would then be split between my dad and the 'new keeper', who would instruct the solicitors what to do (continue the maintenance or sell up). He also twice stated his expectation that she'd live to a ripe old age - which she did.pacoryan said:
Ordinarily assets in an existing Trust can be easily dealt with because they are outside the estate of the deceased and Probate is not required. This is what also makes me think the Trust was formed in the Will, along with the fact that the Settlor "managed" the assets, so may have been enjoying a benefit until death.
I see - a Will has never been raised/discussed - I can't see, at the moment anyway, any reason why my dad would be included in the Settlor's Will as they weren't related. The Settlor was a long term employee of my dad's mother and the family.pacoryan said:
The Trustee act is quite explicit in the duties of Trustees to act responsibly and under independent advice or with the benefit of sufficient personal knowledge and experience. This is becoming quite a wake-up call to legal practitioners who are not authorised to give investment advice or have cross-referred to SJP thus blowing the independence bit to pieces.
Challenging a Professional Trustee in this situation will be a major PITA but the system is there. I'm assuming the law applies in Scottishland the same as it does here!
Thanks for the nod on the Trustee Act - presumably 2000 if it's becoming as you describe, a wake up call? Good to know there may be a (rocky) path to redress should it be required.Challenging a Professional Trustee in this situation will be a major PITA but the system is there. I'm assuming the law applies in Scottishland the same as it does here!
Again thanks for clarifying what it is I've been trying to bang on about.
The Settlor is the ex-employee who outlived one of the potential beneficiaries (Uncle) but then died. Could there be a third potential beneficiary (i.e. other than your Dad or Uncle) ?
I would expect any Trust to specify what happens in the event of a beneficiary pre-deceasing the Settlor. If not, perhaps the Uncle's share of the portfolio has to follow his estate - although how this is reconciled after 15 yrs is beyond me.
For the record IANAL, and IA definitely NA Scottish L!!!!
pacoryan said:
Think I might be making matters more confusing, the "new keeper" is a term I'm not familiar with - is this a Scottish Law thing I wonder? Who exactly is the new keeper?
The Settlor is the ex-employee who outlived one of the potential beneficiaries (Uncle) but then died. Could there be a third potential beneficiary (i.e. other than your Dad or Uncle) ?
I would expect any Trust to specify what happens in the event of a beneficiary pre-deceasing the Settlor. If not, perhaps the Uncle's share of the portfolio has to follow his estate - although how this is reconciled after 15 yrs is beyond me.
For the record IANAL, and IA definitely NA Scottish L!!!!
Sorry, to explain 'new keeper' - my uncle fell on hard times, got into some debts and sold off his share. I used the term 'new keeper' to refer to the individual who bought him out - a money lender. He himself could be deceased by now, so who that would pass on to isn't known (although he did offer to buy my dad out as well a good few years back).The Settlor is the ex-employee who outlived one of the potential beneficiaries (Uncle) but then died. Could there be a third potential beneficiary (i.e. other than your Dad or Uncle) ?
I would expect any Trust to specify what happens in the event of a beneficiary pre-deceasing the Settlor. If not, perhaps the Uncle's share of the portfolio has to follow his estate - although how this is reconciled after 15 yrs is beyond me.
For the record IANAL, and IA definitely NA Scottish L!!!!
The Settlor is the ex-employee, a former housekeeper of the family home my dad and his brother grew up in. I can't see there being any third beneficiary - if there was I think my dad would have known. In the few times he's raised it he's referred to a 50:50 split as he and his brother were the only two children.
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