Areas of Law / Wills and Probate

My father died 30 years ago leaving a small amount of money to be invested, with the income to be paid to his second wife for life. I will inherit the capital on her death, but the money has been invested to yield maximum income with minimum capital gain, which means there will be very little left for me. Have I a claim for negligence against the current trustees for ignoring my interests?

Unless there were instructions to the contrary in the will (which would be unusual) then the Trustees have to balance the interests of the Life Tenant (his wife) and the Remainderman (you). This means providing a reasonable income for his wife but some capital growth for you. Over 30 years that should be a reasonable amount, if your interests have been ignored then you may well have a claim for negligence.

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