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Hi John, thanks for your enquiry. Could you please let me know if a separate Declaration of Trust or similar document signed by your Mother when she purchased, and if so, did it say that she was holding the property on trust for you and your late brother or something else? Could you also confirm what the Restriction on the Deeds- does it just say "no sale without the consent of X and Y"? Finally, who is the beneficiary/ies of your Brother's Will? Kind Regards Al
Hi John, thanks for your reply. I was asking if there was any separate document as it would be normal in these scenarios that the owner of the property would sign a document to say that although she is the owner, the property shall ultimately pass to the children who put up the purchase monies. If of course there was such an agreement, your brother's share should be paid to his son. The fact that there is a Restriction, in yours and your brother's favour implies that you both are entitled to all or some of the property proceeds but by the same token, a separate document should have been drawn up to confirm who should get what. I will therefore have to leave it to you what you do with the proceeds- if you do not pay your brother's son a one half share, and he then successfully argues at a later date that half of the property was indeed due to his father, he could sue you in the Courts. As regards ***** ***** where a party dies, it is their Executor who is entitled to sign the required consent. Hence, you are free to sign "on behalf of your brother". As Executor, you are responsible to the beneficiary, to deal with the Estate correctly, so if you and your mother feel/believe that the original agreement was that you and your brother were to receive the property, really you should pay the due amount to your brother's son . Hope this sets out the legal position, and afraid I will have to leave it to you as to what you do! If I have helped, please could you rate my answer. Kind Regards Al