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Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10450
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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My father bought a property from s mother which she put in a

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My father bought a property from his mother which she put in a deed of trust for him, she continued to live in the property but did not put my fathers name on the deeds to the property. When she passed away he found she had not included him in her will but gave her trustee "all my real and remainder of my personal property, subject to the payment of my debts and funeral expenses to my trustee UPON TRUST for sale with full power to postpone sale and to hold the balance and any parts of my estate for the time being unsold with out being liable for loss and divide this same into four equal parts UPON TRUST.
Does this mean he does not own the property even though he purchased it from the council on behalf of his mother which she recognised in the trust he holds.
Submitted: 1 year ago.
Category: Law
Expert:  Aston Lawyer replied 1 year ago.

Hi,

Thanks for your enquiry.

Do you have a copy of the Trust Deed that you could forward to me?

Kind Regards

Al

Customer: replied 1 year ago.
Hi Aston, please find attached the deed of trust made out for my father by his late mother. Do you need a copy of her will as well?
Kind regards
John
Expert:  Aston Lawyer replied 1 year ago.

Hi John,

Thanks. I don't need a copy of the Will.

Please give me a couple of mins to look through the Trust Deed.

Kind Regards

Al

Customer: replied 1 year ago.
No problem thank you Al
Expert:  Aston Lawyer replied 1 year ago.

Hi John,

Well, the 1987 Trust Deed is conclusive evidence that although your Grandmother was the legal owner of number 30, she was holding the property on trust for your Father absolutely (only the Council Tenant's name can go on the Deeds when purchasing the property under the Right to Buy legislation).

Therefore, there was no need for your Grandmother to specifically mention in her Will that the property is to pass to your Father because the Trust Deed was already in place and the property does not therefore form part of your Grandmother's Will (in that your Grandmother's Will covers all her belongings/savings/assets with the exception of the property which is subject to the lifetime Trust).

If not done already, I would therefore suggest that you hand to your Grandmother's Solicitor a copy of the Trust Deed and he will hen be able to confirm that the property does not fall within the assets covered by the Will.

I hope this assists and sets out the legal position.

If I have helped, please would you be kind enough to rate my answer.

Kind Regards

Al

Customer: replied 1 year ago.
Hi Al, following this deed of trust, in 1991 my father sold a 62% share in this property to his mothers friend enabling her to live the property until she passed (30th Oct 2015). That 62% has been left to myself but my dad wants to know if the remainder of his interest in the property (now 38%) is secure and cannot be taken/sold by his mothers trustee.
Expert:  Aston Lawyer replied 1 year ago.

Hi, I don't see how your Father legally sold a 62% share of the property without his name being on the Deeds? Was a similar Trust Deed drawn up showing that this 62% was transferred to his Mother's friend?

Kind Regards

Al

Customer: replied 1 year ago.
Hi Al, please find attached a letter from my fathers mothers solicitor and her friend (Mrs Milton) who purchased 62% from him. My father is a vulnerable adult who suffers from mental health issues so this is why he asked me to contact you on his behalf. This is the only proof that we have that such a sale took place as the solicitors are now saying there is no file to hand regarding his affairs after transferring all paperwork to digital format.
Expert:  Aston Lawyer replied 1 year ago.

Hi,

Thanks. The letter does imply that "approximately" 60% of the property was being transferred to Mrs Milton. The word "transfer" and the fact that it appears your parents had a Mortgage over the property, implies to me that the Deeds tot he property were in fact in your parents names. Have you checked with the Land Registry that the property is not in your parents names? (I can do a search but it will cost me £3- willing to do this if I receive an assurance from you that you will rate my answer and give me a bonus of say 5 dollars!).

I will look forward to hearing from you.

Kind Regards

Al

Customer: replied 1 year ago.
Hi Al, as far as we have been told, only two names are ***** ***** the land registry, Mary Lord and Enid Milton. In 1991 when this transfer/sale was taking place my father instructed them to put his name on the land registry which we now believe was not carried out.
Please do therefore carry out a search and I will ensure your answer is rated 5. Please clarify if you need extra money from me for this search, just a rating or both.
Kind regards,
John
Customer: replied 1 year ago.
My fathers mother, Mary, passed away in 2010 and her friend, Enid Milton, passed away 30th Oct 2015. The 62% interest she had in my dads property is currently in probate. Thanks, John
Expert:  Aston Lawyer replied 1 year ago.

Hi,

I have obtained a copy of the title but unfortunately I am having no luck in uploading it and sending it to you. I am happy to email it to you if you could let me have your email address?

The title does confirm that the property is owned by Mary and Enid.

However, the saving grace is that there is a Restriction on the title in favour of your Father, meaning that he has an interest in the property, and which interest is protected and can be realised upon any sale/whenever the property is dealt with. So, although I can't certify that Enid has a 62% share, I can certify that whatever interest your Father has in the property is protected!

If you could rate my answer as well as paying a 5 dollar bonus, this will cover the cost of me having obtained a copy of the title.

I look forward to hearing from you.

Kind Regards

Al

Customer: replied 1 year ago.
Dear Al, my email address is***@******.***Am I able to keep our correspondence to show my father for reassurance. Thank you so much for helping us, do you need more money for doing this search? I will now rate you 5 stars
Thank you,
John
Expert:  Aston Lawyer replied 1 year ago.

Hi John,

Many thanks. I will email you in a couple of minutes.

Please feel free to keep this correspondence, but unfortunately as it is only a question and answer site, I am unable to send you a full transcript.

I have to leave it to customers as to whether they wish to pay any bonus, so I will let it to you.

All the best.

Kind Regards

Al

Customer: replied 1 year ago.
Hi Al, how do I pay you a bonus as I've never used this site before.Regards,
John
Expert:  Aston Lawyer replied 1 year ago.

Hi John,

When you come to rate my answer, you will then have the chance to provide a bonus.

Many thanks

Al

Aston Lawyer and 2 other Law Specialists are ready to help you
Customer: replied 1 year ago.
Thank you for your help, we are very grateful to you.Kind regards,
John