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Dad & Son-Wastrels! Son stuck in Dubai

Dad & Son-Wastrels! Son stuck in Dubai

Postby mikthemanc » Sat May 28, 2016 12:28 pm

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!
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Re: Dad & Son-Wastrels! Son stuck in Dubai

Postby atticus » Sat May 28, 2016 5:28 pm

Sorry, Mike, The trustees have discretion. They have the right to say "no".

Question 2 is not one I am able to answer.

Contact the Foreign Office and see what consular support can be obtained.
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Re: Dad & Son-Wastrels! Son stuck in Dubai

Postby mikthemanc » Sat May 28, 2016 5:50 pm

Thank you for your reply - Do the Trustees have the right to say yes, and if so could they give him £3,500?
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Re: Dad & Son-Wastrels! Son stuck in Dubai

Postby atticus » Sat May 28, 2016 6:22 pm

You do not say enough about the terms of the trust.
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Re: Dad & Son-Wastrels! Son stuck in Dubai

Postby Smouldering Stoat » Sat May 28, 2016 6:53 pm

I agree that the Foreign Office is probably the most productive route. It might be worthwhile asking your MP to put some pressure on them.
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Re: Dad & Son-Wastrels! Son stuck in Dubai

Postby mikthemanc » Sun May 29, 2016 11:22 am

I have been to the British Embassy in Dubai and they won't give any financial assistance, they only point out where I could get legal advice.
My main issue is the 'Trust' and why they wont give any help. Can they say 'yes' we can help? I spoke to a Trustee and he said he would loan me £3,500 from the trust on condition that the Trust had a charge against my property. I found this strange as some the monies in the trust is going to my stepson as a beneficary anyway?
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Re: Dad & Son-Wastrels! Son stuck in Dubai

Postby atticus » Sun May 29, 2016 11:38 am

You still do not say enough about the terms of the trust.

You have said nothing to indicate that the trustees have an obligation to pay a penny to your stepson, whether now or at any time in the future.

You and your stepson need to take care to maximise the chances that, when the time comes, the trustees "think fit" to include him in any payments of capital that they do make out of the trust fund. The lady who died appears to have had strong doubts about him, and to have arranged her affairs accordingly.
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Re: Dad & Son-Wastrels! Son stuck in Dubai

Postby mikthemanc » Sun May 29, 2016 5:36 pm

I agree entirely that the lady who died had strong doubts about him- I do, he's a complete waster & borrowed money and not paid a penny back. All I am requesting is - can the 'Trustees' as they think fit make a payment from the capital of the Trust to a beneficiary?
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Re: Dad & Son-Wastrels! Son stuck in Dubai

Postby atticus » Sun May 29, 2016 6:41 pm

You continue not to say enough about the terms of the trust.

But from what little you have chosen to say, it appears that the trustees may make such a payment if they think fit. It appears also that they may choose not to. It appears that they have exercised discretion against making a payment.
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Re: Dad & Son-Wastrels! Son stuck in Dubai

Postby shootist » Sun May 29, 2016 7:18 pm

So let me understand, your stepson made a decision of his own free will to help a dishonest friend who promptly ran out on his liability and you seem to think that someone else has a duty to assume that responsibility for him?
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