stealing daughters inheritance?

rosandjohn | 23:05 Fri 03rd Oct 2008 | Law

3 Answers

daughter is 15 and her dad died leaving her �10,000 which her mother (parents were divorced) has in an account and says she will give daughter �10 a week until shes 21. What can be done because the daughter thinks her mum is spending it?

benefits

local newspaper

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bednobs

were there any conditions on the money in the will (ie to be held in trust till sh is 18?)

rosandjohn

Question Author

Hi no will, the money was split between his two children. thanks

Barmaid

Unless the will allows her to do this, she is in breach of trust. Legally the money has to be held on trust for her until she is 18 since she cannot give a valid receipt for the money until she is 18 (unless mother has given a receipt for the money, in which case she still holds it on trust). At 18 is absolutely entitled to the capital and the acrued income thereon. In the meantime, her mother can advance money to her out of the income (or capital) if necessary for her maintenance, education and benefit (and these are interpreted strictly).

Unfortunately, the daughter is in a difficult situation. She would need to have someone act on her behalf as a litigation friend in order to challenge the mother and perhaps have an additional trustee appointed. Is there perhaps a relative of dad who would do this for her?

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