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Ask Clare Your Own Question

Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33319
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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My mother now deceased co owned with my sister a property ,

Customer Question

My mother now deceased co owned with my sister a property , she is on the deeds and reg as a tennant in common, my sister is now also deceased and my niece has found a trust which my mother was trustee off. The trust set up on my sisters devorce states monies from a property they owned (the property is identified ) is put into trust for the benefit if my sister untill her death and then to pass to my sisters children . Is my mothers half of the house protected , my mothers will of which I am executor states her estate to be devided equally between her children and stipulates should our sister pass before us her children do not inherit but it is to be devided between the remaining siblings . My nice is trying to lay claim to all of the property under this trust deed . It is registered on the conveyance of the first property they purchased together, of which there where three properties , my mother was tennant in common and on the deeds of each property including the last.
Submitted: 1 year ago.
Category: Law
Expert:  Clare replied 1 year ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
What is the exact wording of the Trust deed?
Clare
Customer: replied 1 year ago.

This trust deed made 19th June 1981 by xxx the xxx xxxxx of*****in county of xxxxx and daphne xxxxxx of xxxxx (therein called " trustees") and micheal xxxx of xxxxx ( therein called "xxxxx"). Whereas ; This declaration is supplemental to a transfer dated the 19th June 1981 and made between Michael xxxx and Judith xxxxx of the one part and the trustees of the other part being a transfer of certain freehold land situate and known as xxxxx registered at hm land registryunder title number NT 42901 ( hereafter called " the property") unto the trustees in fee simple as trutess for the sale subject as therein defined in consideration of the covenant therein contained now this deed witness etch : as follows: 1. That the said trustees hereby declare that they hold the said prperty in trust for the said Judith xxxxx during her lifetime. 2. Mr xxxx and the said Judith xxxxx declare that the trustees shall be entitled to sell the property and utilise the net proceeds of sale to purchase another property for the accomadation of the said Judith xxxx during her lifetime and that the powers of the trustees as herein defined shall extend to any subsequent sale and purchase of a property for the occupation of the said Judith xxxxx during her lifetime. 3. Upon the death of the said Judith xxxx the trustees shall divide the net proceeds of sale derived from the property or any subsequent prroperty purchased as defined in clause 2 herein equally between her four children namely Teresa xxxx born 29th August 1987 trudge ann xxxx born 4thmarch 1974 Francesca xxxxn born on the 8th march 1969 and Alex xxxxx born on 23 October 1976 absolutely upon them attaining the age of 18 . In witness whereof the parties have hereunto set thier hands and seals the day and year first written , signed etc.... This property was sold and put into another property but it did not cover the cost of 21000 and our parents put in most of it on purchase in 1982 . This we know was always intended to house Judith untill her death but then to return not to go to grandchildren , my mother treated all the same and considered Judith had had far more than the rest . She also now has eight more grandchildren . All except micheal xxxxx on the trust now passed ....

Expert:  Clare replied 1 year ago.
Hi
How much was the second property purchased for and how much was the original property sold for?
Clare
Customer: replied 1 year ago.
We have requested mike wheadon provides this information but he is not forthcoming with it , the secound property was defiantly 21.000 , collective family and friends agrree mum purchased most of it as there was little equity in the appollo property to put into the new one .
Expert:  Clare replied 1 year ago.
Hi
Sorry - is that £210,000 and when was it purchased?
Clare
Customer: replied 1 year ago.
No , it was purchased In 1982 for twenty one thousand our parents put in we believe approx eighteen thousand of this .
Expert:  Clare replied 1 year ago.
Hi
Is there any way of tracing that?
A record of the sale price of the other property?
Clare
Customer: replied 1 year ago.
Hi there , I believe there should be .
Expert:  Clare replied 1 year ago.
Hi
So you can prove that in fact your mother provided the funds?
Clare
Customer: replied 1 year ago.
hi , yes .
Expert:  Clare replied 1 year ago.
Hi
Since it is clear that the second property was purchased using funds from the Trust AND separate funds form your parents this explains the tenants in Common position - and that is why the Trust only applies to HALF of the equity.
Your niece is incorrect in her understanding of the position.
I hope that this is of assistance - please ask if you need further details
Clare

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