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Buachaill, Barrister
Category: Family Law
Satisfied Customers: 10976
Experience:  Barrister 17 years experience
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We took out a family trust about 5 years ago. reason that

Customer Question

We took out a family trust about 5 years ago. For the reason that after my both my parents die I will still have the family home to live in. I have looked at the trust tonight and realised when we signed the trust on my fathers copy of the trust my mum has signed against my dad,s name and he has signed beside my mothers name. The solicitors have witnessed the signatures but did not pick this up at the time. I am now concerned that this may make the trust non and void, Unfortunatly dad is now in a care home with dementia for the last 8 months and we would now be difficult for dad to sign anything. He did not have any sign of dementia when the trust was signed. Can you advise please
Submitted: 1 year ago.
Category: Family Law
Expert:  Buachaill replied 1 year ago.

1. Dear *****, you have nothing to worry about here. What is important is that both your father and your mother signed the trust deed. Not where they signed it. Here, it is quite obvious that a mistake was made as to where on the document each was to sign it. However, this will not invalidate the document as both did in fact sign it. That is all that is important. Not that they signed it in the wrong place.

Expert:  Buachaill replied 1 year ago.

2. Once both the signatories to the trust deed have properly signed the trust deed, then it is valid. It will not invalidate the trust deed that each signed against the other person's name. The trust deed is perfectly valid and there is no need for any outside intervention or rectification.

Expert:  Buachaill replied 1 year ago.

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