How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Aston Lawyer Your Own Question
Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10550
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
16368554
Type Your Law Question Here...
Aston Lawyer is online now

what is the legal situation with a declaration of trust when

Resolved Question:

what is the legal situation with a declaration of trust when the property deeds are still in
the occupants name and she is taken into local authority care.I am concerned that the local
authority may take or demand that the property be sold to pay and any medical treatment that she requires. I purchased the property 12 years ago and allowed the tenant to remain there rent free. All repairs & upgrades as well as House & Contents Insurance, have been paid by me duration.
Submitted: 2 years ago.
Category: Law
Expert:  Aston Lawyer replied 2 years ago.
and thanks Just Answer.
My name is ***** ***** am happy to assist you with your enquiry.
When the Local Authority request details of the person's capital/property, a copy of the Declaration of Trust will just need to be produced to them, and if the Declaration does state that the property is being help upon trust 100%, then the Local Authority won't then be able to include the property in the person's financial assessment.
I hope this clarifies matters, but please let me know if you have any queries.
Kind Regards
AL
Customer: replied 2 years ago.

does this mean that I will be able to take possession of the property and will be free to sell, I presume tha the deeds will have to be transferred to my name prior to this

Expert:  Aston Lawyer replied 2 years ago.
Bill,
You will need to check the wording of the Declaration of trust, but normally there will be a clause in it stating that the property is being held upon trust and that the other party is under a duty to transfer the legal title of the property to you when requested to do so.
You should consult with a local Conveyancing Solicitor to check/deal with this .
Kind Regards
AL
Aston Lawyer and other Law Specialists are ready to help you