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Joshua
Joshua, Lawyer
Category: Law
Satisfied Customers: 25358
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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My father died before his second wife . She then left everything

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My father died before his second wife . She then left everything to her children. I am told by a family member that my father made some kind of provision for myself and my sister (something to do with the house) I have since discovered that her middle son bought the house 6 months after his mother passed away. Why would he buy something that he already part owns? Although he didn't need to borrow the money to buy the house would he still have had to go through a solicitor because of the risk Money Laundering? This son lives in Guernsey and his wife works in the property industry, which makes me feel things haven't been done properly.
Is it possible there is some stipulation in those original deeds that states myself and my sister should have a part share when the house is sold. It doesn't make sense that he is clinging on to this house, the rent is minimal and according to a property search I have done is not worth anymore than he paid for it 3years ago.
Submitted: 1 year ago.
Category: Law
Expert:  Joshua replied 1 year ago.
Joshua :

Hello and thank you for your question. I will be very pleased to assist you. I'm a practising lawyer in England with over 10 years experience.

Joshua :

Do you know if your father left a will please? If not do you think he could have created a trust dealing with his share of the property?

Customer: Yes my father did leave a will which I have a copy of. It leaves everything to his second wife. Soon after my father died his second wife retrieved both his and her wills from the solicitors and also the deeds to the house. She then made a DIY will at home which a solicitor has proved is nul and voic because he has proved that the witnesses were not together at the time of signing. I cannot find another will of hers and the solicitor where hers and my fathers will were done have destroyed them because of storage reasons!!
Customer: I need to sort this out because I am constantly been told by people that he made provision in the deeds for myself and my sister. It doesn't make sense that this son has bought something he already has a part share in and the sum he paid doesn't lend itself to him paying his siblings off. The maths don't addup.
Joshua :

Thanks. Have you been given any information about what this provision might have been?

Joshua :

Do you have a copy of the deed register for the property?

Customer: No I have no information regarding the provision it was just mentioned in conversations with my father. I have bought copies of the Land Registry off the internet but they only go back a few years. It doesn't go back as far as when my father bought the property (I do know he bought it himself and not with his second wife) .
Joshua :

Thank you. There are only so many ways in which your father could have achieved what is suggested. He would either have need to settle a trust for his share of the property during his life or he would have need to provide for a trust or gift in your favour in his will the latter of which from what you say he did not do, but rather left everything to his wife. Therefore you are reliant on finding evidence of creation of a trust.

Joshua :

The first step is to obtain an historical copy of the register at the date of his passing. As you say the up to date copy is likely of limited use because of likely changes.

Joshua :

You can order an historical copy of the register using the following link:
https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/352447/HC1.pdf

Joshua :

Once you have this might I suggest you send it over to me and I can look at it to see if there are any clues. I think this will be easier than me trying to explain what to look for as this would be very long winded.

Joshua :

At the same time if your father used any local solicitors at the time you can track down, you might like to contact them to see if they were instructed to create any trusts on your fathers behalf. There is no central register - sometimes a trust may be referred to on a property title but not always - so it can be a case of detective work.

Customer: i have also got a property search thing which I bought on line from 192.com. This tells me there are tenants in the property and that the son is now the owner and how much he paid for it in July 2011.
Joshua :

Would you like to obtain an historical copy of the register using the above form as at the date of your fathers passing and then send this over to me and proceed from there?

Joshua :

Using this we can see if your father made any provision in relation to the title for you.

Joshua :

At the same time whilst waiting for the above to come back from the land registry you could see if you can make any enquiries with solcitors you being your father may have used as above to see if this turns up any evidence of a trust being created.

Joshua :

Is there anything further I can help you with for now?

Customer: Hello again Joshua,
Customer: i have got a copy of the Historical deeds how do I send them on to you as I have printed them off?
Joshua :

There are two ways - you can either attach them using the paper clip symbol if you can see one or you could send them to me by email. Do be aware that by attaching them to this thread though it is possible that t could be viewed by third parties as this thread is not secure. If you prefer email, I can let you have my email address however the site treats this as an "additional service" for which there is a fee. I can specify the minimum additional fee which is around £3 odd. Let me know how you would like to proceed.

Customer: I will attach them but will have to do it next week when I have access to my main computer. I am away at the moment and just have my ipad. Could I fax them? Which would also be next week sometime.
Joshua :

Unfortunately I have no fax machine.

Joshua :

You can email them to me as above or attach files using a paperclip symbol remembering that this is not a secure thread

Customer: Thanks Joshua I will use the paper lip attachment but as I say it will be some time next week.
Joshua :

Thats no problem.

Joshua :

If you have no further questions just for now, I should be very grateful if you would kindly rate my service to you to date.

Joshua :

This will save the thread to your account and prevent it closing if there is an extended period before you can reply. I am very happy to continue next week or as convenient without further charge.

Joshua :

If I don't happen to be online when you respond you will receive an email as soon as I do so you don't have to watch the page for updates.

Joshua, Lawyer
Category: Law
Satisfied Customers: 25358
Experience: LL.B (Hons), Higher Prof. Dip. Law & Practice
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