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Thanks for your enquiry.
Do you have a copy of the Trust Deed that you could forward to me?
Thanks. I don't need a copy of the Will.
Please give me a couple of mins to look through the Trust Deed.
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.
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?
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.
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.
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.
When you come to rate my answer, you will then have the chance to provide a bonus.