We act as trustees of a small property, which the deceased instructed was to be held in trust until her youngest child is 25. She is currently 14 and lives with her father in his property. The house is occupied by the deceased’s two adult sons who have a history of drug related problems, and one of them has been in prison. Insuring the property proved difficult as neither son would disclose his criminal history therefore expensive, specialist insurers have had to be used.
We have recently learned “on the grapevine” that the house was raided last year and that the police made major finds, but of what we do not know. We assume it was drugs.
The deceased anticipated this and there is a clause in her Will which prohibited any of her children who engaged in criminal activity from living in the house. The police will not tell us anything without the consent of the sons, or a “binding legal reason”. We believe the property insurance may lapse if there has been criminal activity, but if the police will not tell us we cannot be sure.
We would like to evict the sons and bring the property up to a standard where we can rent it and obtain a good income for the trust, which will benefit all of the beneficiaries.
Does anyone have experience of this, or even a few pointers? Many thanks.
PDA Law Solicitors Limited