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Thomas
Thomas, Solicitor
Category: Family Law
Satisfied Customers: 7564
Experience:  UK solicitor
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I signed a Declaration of Trust with my brother in 2010

Resolved Question:

Hi
I signed a Declaration of Trust with my brother in 2010 which declared his contribution made on a property A that i purchased on 2007. The declaration was not registered with the land registry.
Since then he has owed me money for another property B which was bought in his name on which i made a contribution. Upon sale of property B he did not return my contribution and nor did he return the 15% profit which he promised (i only have handwritten notes and can obtain affidavits from all 4 of my other siblings).
The amount he owes is now more than than the contribution he made in my property.
As such i would like to revoke the declaration of trust which i signed in 2010. The wording of the document does allude to the declaration of trust being irrevocable. The word irrevocable does not appear in the document.
Can i now unilaterally revoke this document ?
Submitted: 10 months ago.
Category: Family Law
Expert:  Thomas replied 10 months ago.
HiWhat is your brothers thinking as to the property on which he is granted an interest?Is he likely to still seek to claim monies?Tom
Customer: replied 10 months ago.
Yes. He is seeking to register the deer with land registry.
Customer: replied 10 months ago.
Deed
Expert:  Thomas replied 10 months ago.
Okay, but on what grounds is he refusing to compromise on this declaration of trust given that he has overlooked your interest in the previous sold property?
Customer: replied 10 months ago.
Because he is greedy and unreasonable.
Customer: replied 10 months ago.
I just thread my lady paragraph and it should read "doesn't allude"...
Customer: replied 10 months ago.
Last paragraph
Expert:  Thomas replied 10 months ago.
Thanks. Drafting your answer now. 5 mins please.
Expert:  Thomas replied 10 months ago.
Hi Thank you for your question and patience, I’m Tom and I’ll try to help you.It sounds as if things might get a bit messy here.The declaration of trust that you have executed with your brother is an equity interest which is registrable at Land Registry. You cannot unilaterally revoke it yourself unfortunately. This means that he can register at Land Registry.The non-payment to you of sale proceeds from the earlier property is a separate claim which you may have against him. This is a bit trickier since there does not appear to be a declaration of trust. This means that you would have to litigate under a piece of legislation called Trusts of Land and Appointment of Trustees Act act to claim an interest at court.If you contributed monies and have written notes from him confirming that it was intended that you have interest in the property then then this is a reasonable evidential basis for a claim. I would suggest that you attend a litigation/property solicitor in person for a consultation immediately to get their views on it. Claiming in this way is not straightforward and it’s not the sort of thing you can do yourself.It seems fairly plain that the best way to settle the declaration of trust dispute you have with him is to leverage your claim against him in respect of his earlier property, with a view to coming to a settlement agreement without actually litigating since litigating will both cost you considerable sums and time. My goal is to provide you with a good service. If you feel you have received anything less, please reply back as I am happy to address follow-up issues specifically relating to your question. Kind regards,Tom
Customer: replied 10 months ago.
Thanks Tom. I also managed to get a letter signed by him in 2012 agreeing that the percentage of his share is in dispute and that the actual shares must be resolved by a mutually appointed mediator. This was an informal agreement which i typed up and we both signed. It was witnessed and signed by my older sister and her husband as they were trying to get us to resolve the issue. The letter does not mention any specific reasons why his share needs to be recalculated. How far would this letter assist me even though it wasn't witnessed by a solicitor ?
Expert:  Thomas replied 10 months ago.
Hi, It would provide further evidence for your claim in respect of the monies owed to you by your brother, it's not a magic bullet but it is very helpful..Please do remember to rate my answer.Tom
Customer: replied 10 months ago.
Thanks Tom. And my final question. The family is trying mediate to get this resolved this week. I don't think that he will goto a solicitor but what sort of letter do I need to prepare in case he does agree ? I have prepared something can I upload it for you to have a look at ? It needs to be a final document as that property is now my family home and I don't need to be looking over my shoulder in case he changes his mind.
Customer: replied 10 months ago.
Sorry Tom. I have just been advised by another solicitor that because the wording on my declaration of Trust does not mention or allude to it being irrevocable then I can unilaterally revoke it. Please can you double check this important point as it was my first question and you answer is opposite to his. Thanks
Expert:  Thomas replied 10 months ago.
Hi, I'm afraid that I disagree, but obviously I have not seen the specific declaration of trust so if the other solicitor is a property lawyer who has seen the declaration and considers that it is revocable then you may consider it a more informed opinion (because they have seen it). Tom
Customer: replied 10 months ago.
Hi just spoke to the other solicitor briefly. He said that if I can create a declaration if trust then I can revoke it too. It will be upto the the other person then to litigate to prove otherwise. Does that make sense to you ?
Expert:  Thomas replied 10 months ago.
I'm afraid my position is unchanged.
Customer: replied 10 months ago.
I understand that there are irrevocable trust deeds which clearly state that they irrevocable. If the wording doesn't state that a tust deed is irrevocable then surely it must be revocable ?
Expert:  Thomas replied 10 months ago.
That is not what I believe to be the case but again I have not seen the original document. Tom
Customer: replied 10 months ago.
Can I attach the file for you to look at. It's only 3/4 pages.
Expert:  Thomas replied 10 months ago.
I'm afraid not, that would constitute specific advice. This is for general guidance only. If you wish to obtain specific advice on a specific document then you would have to see a local solicitor to allow them to take your instructions and examine the document in detail and pay the commensurately.
Thomas, Solicitor
Category: Family Law
Satisfied Customers: 7564
Experience: UK solicitor
Thomas and other Family Law Specialists are ready to help you
Customer: replied 10 months ago.
Ok Tom. Thanks for your advice.

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