My mum left me a trust but I fell out with my auntie and she won't sign the paperwork - can I make her?

My mum passed away last October, leaving a trust with a large financial firm which I am having trouble accessing.The trustee is my auntie and we had a falling out a few years back and she is now refusing to sign the necessary forms to release the money to me.It's been nearly a year now and I'm getting more and more frustrated.Is there anything I or the firm involved can do to force her to sign the paperwork?Tanya Jefferies, of This is Money, replies: Your frustration is understandable, especially at a time when you are grieving the loss of your mum.If you fulfil the conditions of the trust there is no good reason for your aunt to use her position as trustee to withhold your money.Any falling out between you should be irrelevant, because presumably your mum trusted her sister to follow her wishes and act in her daughter's best interests, with no caveats such as you two needing to stay on friendly terms. Trust dispute: How do you get a stubborn trustee to release funds (Stock image)Providing you have the right to any assets in the trust, there are steps you can take to sort this matter out. We asked a lawyer with experience in this area to explain what a trustee's duties are and what action you can take now.It might well be that if you employ a solicitor to send a single, firmly worded letter to your aunt that will cause her to relent.Ben Wilson, partner in the disputed wills, trusts and estates team at Weightmans, replies: For the purposes of this answer, I assume that you are a beneficiary of the trust, and that the trust requires your auntie to prepare the necessary paperwork to effect the transfer of money to you.There are various types of trust. Some trusts, known as 'discretionary trusts', give the trustee discretion as to whether, when and how to make payments to beneficiaries.Assuming you have a right to the money now, then it may be that your auntie is in breach of her duties as a trustee and in breach of trust.In simple terms, trustees hold property for the benefit of others. This is an important job, as a trustee has been entrusted with the property of one person, to look after for the benefit of another.In this case, your mum has entrusted your auntie to look after money in an account, for the benefit of her daughter.What are the duties of a trustee? Ben Wilson: In refusing to allow the money to be released, your auntie may be in breach of trustThe law imposes various duties upon a trustee to manage trust property (in this case, money in account) for the benefit of the beneficiary.Trustee duties include the following.Act prudently and with skill and care: In refusing to sign paperwork to give effect to the transfer of funds, it may be that your auntie is in breach of this duty.Avoid conflicts of interest: In this case, the trustee and beneficiary fell out a number of years ago, and this may be the reason your auntie is refusing to sign the forms to release the money. If this is the case, then it is likely there is a conflict of interest.Act within the powers given in the trust deed and in law: How trustees handle trust property, and what they do with it, is governed by the trust document (which can be a will, for example), and the law.If they act outside of these powers and duties, then they are likely to be in breach of trust.It appears in this case that in refusing to allow the money to be released, your auntie may be in breach of trust.What action can you take now?There are various legal options open to you. The usual course of action would be to apply to court for an order to force the auntie to administer the trust properly, or to apply for her removal and replacement as trustee.Your auntie would likely be ordered to provide a full account of her dealings with the trust, and be liable to account personally for any loss suffered by the trust as a result of her failure to administer it properly.There may be additional tax liability for holding the money for longer than necessary, or there may be loss in terms of potential investment returns.If the claim was successful at court, it would be usual for the court to appoint an independent professional trustee.This would come at extra cost, as the professional trustee would charge for their work in administering the trust.Can you avoid going to court?I do not know how much money is in the pot, and legal proceedings are often costly and can take time.There will be the personal cost of the time and stress of dealing with court proceedings, so any good solicitor will always do everything they can to settle the matter quickly and without the need for court proceedings.My advice to you would be to instruct solicitors quickly.Assuming that your auntie is obligated by the trust deed to allow the money to be released, the first step will then be to write to her, setting out her duties as a trustee and demanding she immediately allow the release of the money and provide full trust accounts.The initial letter should set out the consequences of failing to abide by her duties, which will include court proceedings against her.In the event your auntie does not successfully defend the claim at the final hearing, she would also face the prospect of having to pay a large proportion of your costs.It would be hoped that your auntie would instruct solicitors who would advise her properly of her duties and advise her to release the money.The situation you have found yourself in is unfortunately not uncommon, and can often be the consequence of appointing family member executors or trustees.When preparing a will or setting up a trust, it is sometimes beneficial to appoint independent professionals to administer the estate or trust.Although this comes at a cost, it can help avoid a dispute of this sort between beneficiaries and executors.