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Living Will Query

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  • 02-02-2020 9:21pm
    #1
    atmurphy28
    Registered Users Posts: 2 ✭


    Here is a question for all you legal eagles out there?

    My grandfather who was a farmer, created a will which stipulates the following (I have a copy the will):

    The farm was to held in trust by 2 designated trustees to provide a living for my uncle (who has diminished capacity) until his passing.
    Upon his death, the farm was to be sold and divided in equal shares between all grandchildren over 18.

    Late last year one of the trustees died. It has come to my attention that 2 of my aunts and the remaining trustee have recently sold a section of the farm in a private sale. One of my aunts has made it common knowledge that she has been helping the trustee with any legal issues retaining to my uncle and has been in contact with the solicitor who helped to originally draft the will.

    My questions re this will are :

    1. Can my aunt(s) have any involvement / say in the day to day affairs of caring for my uncle or is this the sole responsibility of the trustee?
    2. Would any of the grandchildren be entitled to query what is currently happening or do they need to wait until my uncles passing?
    3. Does the trustee need to keep accurate accounts of all spending?

    Thanks of all responses,
    Adrian


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    #2
    coylemj
    Registered Users Posts: 25,361 ✭✭✭✭coylemj


    It sounds like those trustees have a power of attorney. Otherwise, there's no way they could have sold land owned by your grandfather. His will only takes effect when he dies.


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    #3
    punisher5112
    Registered Users Posts: 24,647 ✭✭✭✭punisher5112


    I'd definitely be getting legal advice and investigating this more.


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    #4
    Peregrinus
    Registered Users Posts: 26,167 ✭✭✭✭Peregrinus


    I'm assuming your grandfather is dead. This isn't a living will; it's just a will.

    1. The Trustees' job is to look after the estate property and to use it as directed by the terms of the trust which, so long as your uncle is alive, means using it to provide a living for him. They don't (at least, as trustees of the estate) have a more general to care for/make decisions on behalf of or for the welfare of your uncle. It may well be that your aunt does have such a role. It would be very usual for the trustees to consult appropriate family members about the interests/welfare of a beneficiary of the trust who was vulnerable or not mentally competent.

    2. The grandchildren together have an interest in any dealings of the trust which affect their expectations of benefiting from it, and they can ask about them.

    3. Yes.


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    #5
    coylemj
    Registered Users Posts: 25,361 ✭✭✭✭coylemj


    Peregrinus wrote: »
    I'm assuming your grandfather is dead. This isn't a living will; it's just a will.

    It's pretty clear from the OP's numbered questions 1 and 2 that he is still alive.


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    #6
    Peregrinus
    Registered Users Posts: 26,167 ✭✭✭✭Peregrinus


    coylemj wrote: »
    It's pretty clear from the OP's numbered questions 1 and 2 that he is still alive.
    It's pretty clear that the OP's uncle - a beneficiary of the trust - is still alive, but they suggest that the OP's grandfather - the father of the uncle, who established the trust by his will - is dead.

    The trust is obviously up and running. If it is created by grandfather's will, that means grandfather must be dead.

    Plus, this impression is reinforced by the fact that question 1 discusses the relative roles of the trustees and the aunt in caring for the uncle, but makes no mention at all of any role the grandfather might play in that, despite the fact that the grandfather was obviously concerned about the uncle's welfare. This is very had to explain if the grandfather is still around.


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    #7
    randomrb
    Registered Users Posts: 351 ✭✭randomrb


    Impossible to answer this question unless you have a copy of the trust instrument. Trustees can have a wide variety of powers and responsibilities as well as duties.


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    #8
    Peregrinus
    Registered Users Posts: 26,167 ✭✭✭✭Peregrinus


    randomrb wrote: »
    Impossible to answer this question unless you have a copy of the trust instrument. Trustees can have a wide variety of powers and responsibilities as well as duties.
    This is correct, but the OP says that (a) the trust is established by will, and (b) he has a copy of the will. So he does have the trust instrument.


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    #9
    randomrb
    Registered Users Posts: 351 ✭✭randomrb


    Peregrinus wrote: »
    This is correct, but the OP says that (a) the trust is established by will, and (b) he has a copy of the will. So he does have the trust instrument.

    What i meant was that no one here can help him without seeing it, he is best bringing it to a solicitor if he really thinks there is an issue


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