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Clare, Solicitor
Category: Law
Satisfied Customers: 34900
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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My partner's mother died last year. He and her owned a property

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My partner's mother died last year. He and her owned a property together as joint tenants. She had no financial interest in the property and was on the title ceremonially only. Anyway she severed the joint tenancy before dying and now my partners family are saying that her share is hers although it wasn't hers to leave. I am now being asked to step in 'as a trustee' - are there any risks to doing this?
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
Why was her name on the deeds at all and did she and your partner have a Declaration of Trust?
How much is the property worth and how much is outstanding on the mortgage?
Did his mother leave a Will and who was the property left to?
Customer: replied 2 years ago.

Hi Clare

I believe she was on the deeds because of some council discount when they bought it. There is no declaration of trust and no mortgage (anymore). His mother left her share (which wasn't hers to leave) to her daughters

Kind regards

So she had a discount - what was the percentage involved?
How much is the property worth?
Customer: replied 2 years ago.

We're not sure. It doesn't say on the Transfer. The property is worth circa £70,000

I am afraid that legally as things stand she was entitled to a share of the equity - in the absence of a Declaration of Trust that share would be 50% - but your partner can argue that it should instead be the same percentage as the discount that was offered at the time of the purchase
There is no risk in your stepping in as Trustee - it is a matter of there having to be two names if the property is sold.
Please ask if you need further details
Clare and 3 other Law Specialists are ready to help you