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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34137
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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Clare my father has recently passed away and I am in the process of applying to obtain

Resolved Question:

Hi Clare my father has recently passed away and I am in the process of applying to obtain letters of administration with his estate as I am his next of kin and he did not leAve a will.
He had a long term partner and was not married to her. He was divorced from my mother.
In 1995 his home was purchased and the proprietor according to a land registry search is his partner. But a restriction has been placed on the deeds to say that no disposition can be made by the proprietor without his consent. Given that he has now passed away where can I find out what happens now with regards ***** ***** restriction, what it entails, whether the property will fall into his estate and obtain full information as to why the restriction was placed? Could the restriction be removed by his partner? Hoping you can help.
Submitted: 2 years ago.
Category: Family Law
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
I will do my best to help you but I need some further information first.
Just to check - the partner purchased the property from your father is that correct?
Or did they purchase it together?
Clare
Customer: replied 2 years ago.
Hi Clare
The partner has taken out the mortgage and the title deeds state that she is the sole proprietor. But then there is this restriction outlined within the document added a few months after.
Thanks for your help
Expert:  Clare replied 2 years ago.
Hi
That suggests that there was sone form of Trust deed to protect an investment that he had made in the property
Once you have Letters of Administration you can approach the Land Registry for information - unless you feel able to speak to his Partner of course
Please ask if you need further details
Clare
Customer: replied 2 years ago.
Thanks for your reply. So is it likely that it will be to protect money put in by him ie he would be owed that back if the house was sold, or would it be possible for the property to be owned 50/50 by doing it this way?
Would it definitely be for a financial reason? I'm guessing that he would have needed to provide evidence. What happens to the restriction in the event of death?
Expert:  Clare replied 2 years ago.
Hi
Yes it would be for a financial reason - it suggests that there was indeed a Declaration of Trust stating that the property was owned on behalf of them both, but without seeing it there is no way of knowing exactly what the terms were
Clare
Customer: replied 2 years ago.
What happens to the restriction now that he has passed away? If for example his share comes into the estate would it be kept in trust or would the property need to be sold?
Expert:  Clare replied 2 years ago.
Hi
Without seeing the Declaration of Trust there is no way of knowing I am afraid.
It is certainly enough to justify contacting his partner
Clare
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