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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34233
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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I have a property held in trust (Trust deed) and currently

Resolved Question:

I have a property held in trust (Trust deed) and currently have an ongoing legal dispute. I have a copy of the trust deed but need someone to look over it to ensure the document I have was correctly written.
Submitted: 1 year ago.
Category: Family Law
Expert:  Clare replied 1 year ago.
HiThank you for your questionMy name is ***** ***** do my best to help you but I need some further information firstCould you explain a little more about the dispute please
Customer: replied 1 year ago.
The property has been held in trust on my brothers name ever since it was purchased. I have no issues with my brother or the trust documents, however my brother is currently going through a liquidation for his business which has been going on for some time. This has now been concluded but the solicitors acting for the insolvency service are pursuing my brother to recover costs. The property they are interested in the most is the property that is held in trust on my brothers name, that I reside in. Furthermore all mortgage payments have been paid by myself and I can prove this by showing my bank statements.
Expert:  Clare replied 1 year ago.
Can you send a copy of the Declaration of Trust?Why was it purchased in this way?
Customer: replied 1 year ago.
At the time, my brother found it difficult to get approved for a mortgage. I have attached a redacted version of the Trust Deed.
Expert:  Clare replied 1 year ago.
I am a little confused - why was the property purchased in his name if it was for you?
Customer: replied 1 year ago.
The property was purchased in my name and the land registry is also in my name. However, the deposit and the mortgage payments have all been paid by my brother. I only hold it in trust for him..
Expert:  Clare replied 1 year ago.
I am sorry but i am a little confusedWho lives at the property - you or your brotherWho is the Insolvency Service trying to recover funds from?
Customer: replied 1 year ago.
My brother lives at the property. The Insolvency Service is trying to recover funds from me.
The property and mortgage are in my name. A trust deed shows I hold the property in trust for my brother. He pays the mortgage..
Expert:  Clare replied 1 year ago.
Ok Thank youFor clarity then - the witness will confirm that this Deed was indeed signed at the same time as the Transfer
Customer: replied 1 year ago.
Yes that is correct..
Expert:  Clare replied 1 year ago.
Then the Deed is sound as is clear evidence that the person who owns the sale proceeds of this property is your brotherI hope that this is of assistance - please ask if you need further details
Clare and 2 other Family Law Specialists are ready to help you