Ask Sade About Trusts: Help! My Late Father’s Brother is About to Sell His Properties

Dear Shade,

My name is Kamsi, and I am an 18-year-old undergraduate. We lost my dad six months ago and my uncles, dad’s brothers, who used to be nice to us changed overnight. I still remember them issuing us a 3-week ultimatum to vacate our house so they could put it up for sale. My own father’s house! Thankfully, my dad had a will. It turned out he willed everything he had to my mm. Great, isn’t it? Yea because our uncles went away with their tails in-between their legs. Well, last night, my mum passed in her sleep. Sadly, she couldn’t get over the death of my dad. The doctors would later confirm that it was due to high blood pressure. Now that mum’s dead, do you think the will still covers me and my siblings?

What are our options here?

Thanks,

Kamsi, Onitsha

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Dear Kamsi,

So sorry to hear about the loss of your mum. I know this must be a very difficult time for you. It was a brilliant move on the part of your father to write a will as it saved your family from losing everything. Sadly, your dad’s will may not be applicable here unless there is a contingency clause in the will. This means that the will may state that the property will be passed on to you and your siblings in the event of the death of your mom. Your father’s will needs to be checked to confirm if there is any such provision.

If there is none, your best bet is to confirm if your mother left a will and if the property was passed to you and your siblings in the will. If there is no will, the next course of action is for you and your siblings to apply for a letter of administration from the court to enable you to take control of her assets. In instances like this, it is best to engage the services of professionals such as ARM Trustees to help take away the stress of processing all the necessary documentation and guide you on the right steps to take.

I hope this helps.

Sade.