Hello and thank you for your question. I will be very pleased to assist you. I'm a practicing lawyer in England with over 10 years experience.
Can you tell me who the executors are in your fathers will please? Are you a named executor?
A firm of solicitors are the executors
Many thanks. You refer to a declaration of trust being agreed between them. Can I ask precisely what this says? You mention it states that your brother owns 5% of the property under the same. Does the trust refer to either party being given credit for any capital payments they make? If so what capital payments precisely are referred to?
Can I ask precisely what this says? You mention it states that your brother owns 5% of the property under the same. Does the trust refer to either party being given credit for any capital payments they make? If so what capital payments precisely are referred to?
Here is the Deed of Trust.
Please note;1) It is dated by year, but not the exact date.2) My sibling was not living and never lived at the property as it states on the Deed of Trust.3) The Deed of Trust does not refer to either party being given credit for any capital payments they make, and my sibling did not and has never made any capital payments.
THIS DECLARATION OF TRUST is made the [DO NOT DATE] of [YEAR] by [MY FATHER] and [MY SIBLING] both of [THE PROPERTY] (hereinafter called "the Trustees")
WHEREAS 1. This Deed is supplemental to a Transfer of even date herewith and made between XXXX (1) and the Trustees (2) whereby the Leasehold property known as [THE PROPERTY] registered at H. M. Land Registry under Title Number XXXXXXXX was transferred to the Trustees.
2. The Trustees are desirous of declaring the Trusts herein contained concerning the property. NOW THIS DEED WITNESSETH as follows:-
The trustees shall henceforth stand possessed of the property as tenants in common to sell the same with power in their absolute discretion to postpone the sale thereof and to hold the proceeds of sale and the property pending the sale thereof UPON TRUST to redeem all charges affecting the property at the time of such sale and to pay all legal fees and disbursements properly incurred in connection with such sale and redemption together with any Estate Agents commission payable upon such sale and to hold balance of the net proceeds of sale for the Trustees The following proportions;
(1) 95% [MY FATHER]
(2) 5% [MY SIBLING]
2. Upon their application for registration of their title to the property at H. M. Land Registry the Trustees shall make application for the entry of such restriction or other entry as the Registrar may think ﬁt to make the effect that no disposition or dealing shall be registered without the written consent of both of the Trustees if they are living at the date of the disposition or dealing or their respective Personal Representatives as the
case may be.
3. It is hereby certiﬁed that this instrument falls within Category L of the Stamp Duty (Exempt instrument) Regulations 1987.
IN WITNESS whereof the Trustees have set their hands hereto...
My sincere apologies for the delay in responding to you. I regret I was not available over the weekend and I was on a course all of yesterday. I am available all day today save for two short meetings at 9.30 and 4pm. May I continue to assist you with this?
Yes please. I am free after 4pm tomorrow.