My Stepson is stuck in Dubai because he stood surety for a friend on remand for 'bouncing cheques' by lodging his Passport with the Dubai Police. His friend was released and after a couple of days then did a runner. My stepson's passport has now run out and it cannot be released until £3,500 is paid. He has other debts which means he cannot leave Dubai until the debts are paid. If he gets his passport renewed he can hopefully get a job & renew his work permit and hopefully pay off his debts. I have no funds to help him, however when his granny died she left a legacy in the form of a 'Special Trust Fund' administered by his Uncle & Aunt.
Because my Stepsons dad was a wastrel and in lots of debt his granny set up this fund.(my stepson takes after his dad & is also a wastrel). however I would like to help him. I spoke to his uncle (a Trustee) & ask for help for £3,500 to get his passport back.
He said not possible, "The fund's not for paying debts.
I replied "The trust is discretionary so why not use your discretion & give him some funds"
The special trust states
The Primary Beneficiary - His Dad. Other Beneficiaries - My Stepson, his half-brother and any Grandchildren.
His half-brother as a Beneficiary has received £25,000 from the trust to pay off his ex-wife, and the £25,000 is held as surety against his mortgage.
The Trustees shall hold the Trust Fund on the following trusts.
During the lifetime of his Dad -
A )To apply the capital of the Trust Fund for the benefit of the Primary Beneficiaries and my other Beneficairies as the Trustees think fit so long as not less than half of any capital appointed is applied for the benefit of the Primary Beneficiary
B )For a period of 21 years from my death to accumulate the whole or any part of the income arising from the Trust Fund to apply any income not accumulated for the benefit of the Primary Beneficiary.
After the death of the Primary Beneficiaries:
a) to apply capital of the trust fund for the benefit of such of my other Beneficiaries as my Trustees think fit.
b) to apply the income of the Trust Fund for the benefit of such of my other Beneficiaries as my Trustees think fit.
The rest goes on about the Trustees powers which may or may not be relevant.
Without going into the morals of my Stepson and his Dad, my questions are this;
1) Why can't the Trustees give him £3,500 which will help him to get himself back on track again (after all he is going to get his legacy sometime)
2) His half-brother has had £25,000 with conditions attached?
3) The Trustee said he would pay out of the fund to my Stepsons Dad a Holiday to Dubai to visit my stepson if he ended up in Jail.
4) The Trustee said he would pay the £3,500 if I gave a surety against my property. Surely it should be the other way around if I gave my Stepson £3500 - I should get a surety against the Trust Fund!
5) Does the term 'think fit' mean the Trustees can at their discretion do anything with the fund (legally of course)
Pompous Middle Class does not describe the Trustee who looks down on me as a working class ex- Pipefitter in my discussions with him, therefore I would love to get stuff one up him just for the sake of it!