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Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10585
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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my father transferred 50% of his house into my name just before

Resolved Question:

my father transferred 50% of his house into my name just before he died. The will was then re written and by brother was to get 25% of the estate and myself 75% of the estate. I am now being told by my brother that the transfer could be determined that that half was to be held in trust, but there was nothing in writing to that effect. Please can you advise how a stand?
Submitted: 3 years ago.
Category: Law
Expert:  Aston Lawyer replied 3 years ago.
Hello and thanks for using Just Answer.

My name is XXXXX XXXXX am happy to assist you with your enquiry.

Could you please confirm that the Transfer of your 50% was registered at the Land Registry, and hence the "Deeds" show you and your late Father as joint owners of the property?

Thanks
AL
Customer: replied 3 years ago.

Yes the Transfer was registered at the Land Registry before my father's death

Customer: replied 3 years ago.

The deed shows my father and myself as joint owners

Expert:  Aston Lawyer replied 3 years ago.

Hi Janice,

Thanks for your reply.

As the Transfer was completed during your Father's lifetime, and hence you both legally own 50% each, then it is only your Father's 50% share that forms part of his Estate.

If your Father did a straight forward transfer of 50% to you, there is no way that your brother can try and argue that your 50% is being held on Trust. Only if there was a separate Trust Deed drawn up between your Father and yourself would your brother's argument stand for anything.

Therefore if his Will left your brother 25% and you 75%, this means your brother will in effect own 12.5% of the property and you will inherit 37.5%, giving you a total share in the property of 87.5%.

I hope this sets out the legal position and answers your question.

Kind Regards
AL

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