Areas of Law / Wills and Probate

When my husband died he didn’’t leave a will so the money was left in trust, part to me and part to the children. The children are now grown up, so we were wondering whether the trust can now either be put into their name or at least allow them access to some of the capital.

It’’s possible that when your husband died you received a fixed sum (including property) and a life interest in half the balance under the intestacy rules. Your children will have shared the other half, and it’’s likely, if they were minors, that it is this money that is held in trust for them. If the children have reached the age of 18 they will be entitled to this capital. You should see your solicitor to check the exact terms of the trust.

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