Reply To: Child’s bank account spent by mother

nick dearnley

Thanks Peter.  It's a difficult one, as it relies almost entirely on the fact that she has used some of the money herself, which suggests she has broken the trust. 

Regarding the overpayment, that is based on our not knowing about the account at all, and then seeing the inheritence paid into it.  So the use of the funds in that account by the claimant led us to the conclusion that she viewed its contents as hers to some extent, and that must also include anything later deposited to it. 

I think that the loan agreement may have been created to give the impression that the trust was still in place.  But not only is there no certainty to the repayments (i.e. just 'within ten years') there are no terms as to what happens if she defaults etc, so I'm sceptical as to how genuine it is.