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Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10774
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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My question is regarding property & will. My mother is still

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Hello. My question is regarding property & will.
My mother is still alive but very frail. She has left everything to me in her will. The main item is her house. In 1998 she purchased the house from the local authority. My brother and I gave her the money for the purchase, which was discounted by the local authority from £45k to £22k as she had been sitting tenant. My brother died 10 years ago. He has a son, although he was estranged from him, and we have not heard from him since his father (my brother) died.
When the house was registered with the land registry it was in my mothers name, but with the proviso that it could not be sold without my brother and my signature. My mother is very definite that she wants the house to be mine. Will I have to get my brothers son's signature before I sell the house (I was the executor of my brothers will - could I sign on his behalf?), and will I have to give him my brothers share of the house? Many Thanks, ***** *****

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

Customer: replied 1 year ago.
Hi Al, thanks for your reply. In answer to the questions; 1. I don't know of any trust deed. 2. The restriction in Land registry days the proprietor Cannot dispose of the property without consent of X & Y 3. My brothers son was the sole beneficiary of his will.
Regards, John

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

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