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UKSolicitorJA, Solicitor
Category: Law
Satisfied Customers: 4312
Experience:  English solicitor with over 12 years experience
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My mother has an interest in my property as she put in a contribution,

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My mother has an interest in my property as she put in a contribution, but is not named as an owner, she has a declaration of trust, to protect her against getting thrown out of the property if i sell it, stating that she has to have her money back if it is sold. Can she bequeath her interest to my brother in a will, if she is not an owner, as there has been a fall out, and she has been with my brother to make a new will, which i do not know the contents of!

Your mother has a beneficial interest in the property even though her name is ***** ***** the deeds. The legal ownership is with you as your name is ***** ***** deeds.

Your mother is free to make a Will and is free to specify in her Will the person to whom she wants to give/bequest her beneficial interest in the property.

Your mother does not have to disclose the contents of her Will to you I am afraid. She is free to disclose her Will to whoever she wants or keep the contents away from whoever she wants.

May I help further?
Customer: replied 3 years ago.

So she could have left her interest to my brother? I thought if you weren't named as an owner it wasnt your property to leave to someone else?

The declaration only says that if the house is sold, she has to have her money back, which is £100,000, so are you saying that she could leave that £100,000 to my brother!!! Does it depend on the wording of the declaration as i was told, its worded strangely and isnt worth the paper its written on?

If she does do that, could I contest it after her death, as the house was meant for me after her death, and presumably my brother would get her cash?

She is entirely free to say whatever she wants in her Will. She has a beneficial interest in the property under the Deed of Trust and she is free to leave her interest to her son if that is what she wishes to do.

Yes, she is free to leave the 100K to your brother.

Yes, you may contest her Will if you have grounds to contest it.

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Customer: replied 3 years ago.

Thank you for the replies, can I just ask you another question, as the declaration of trust has been put on the title at the land registry, would it be possible to sell the house to my son, for the amount i owe on a mortgage, not the amount its worth, hence there wouldnt be any equity, the reason i ask is that, if my mother leaves her interest to my brother, after the mortgage was paid, there would be nothing left for me and i would have lost all that was intended for me originally, as there has been a fall out and I dont know what she has done in her new will.

My son suggested doing that, and he could sell the house after her death and recover the equity and give it to me?? So im basically asking if the sale to my son, would go through even though there is a restriction at the land registry, as if it is sold for the mortgage amount there would be nothing left to give back to my Mother or my brother at a later date, the declaration was only done to stop my mother being left on the street if i sold, but it is sold to my son, she would still have somewhere to live??

Thank you?

Please open a new question with your further query.
Customer: replied 3 years ago.

do you mean start from scratch, and pay again?