by Dembrandt  31/01/2018  200 Page Views
11 Comments  Wills, probate, letters of administration, powers of attorney
Can we as the benefactors and trustees immediately dissolve a trust will and inherit outright in the terms of a gift will?
A persuasive lawyer drew up a very complicated Trust Will for my mother (who had just lost her husband of 64 years) without fully explaining the terms to her (or us).

My mother already had a straight forward gift will but it had various grammatical errors - we were only there to correct it. At all times the lawyer stated that: at the time of my mother's death, we the beneficiaries would have a choice between accepting the trust or inheriting outright as in a gift will. Yet I cannot find anything in the document which indicates that we have this choice. It only states that the moment she dies the trusts are formed. I have written twice to the lawyer asking her to indicate where this choice is stated in the will. She ignores my requests. I am very worried by this as I will be very dependent on my inheritance due to a lifelong disability - but the trust will does not allow me to use any of my funds for my medical or other needs. We had no idea of any such restrictions at the time - my parents had the same gift will for some 40 years and now it is a mess. Thanks for any information.