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Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10806
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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My mother has taken my deceased fathers name off the

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My mother has taken my deceased fathers name off the register of title. There is a notice of severance on there. My father left his share of the property to his new wife. My mother is trying to set up a trust naming herself, my sister and myself. Can she do this legally, as effectively she doesn't own the whole property, my step mother owns a share. If my mother does set up the trust. could she sell the property within her lifetime and keep all monies for herself or would the monies be shared between all trustees?
just would like to know if I should agree to become a trustee as I am aware of the possibility my mother doesn’t own the whole property.

Hi, thanks for your enquiry.

Your Mother would be acting incorrectly by setting up such a Trust, as the half value of the property is held upon trust for your Father's new wife, who is entitled to half of the proceeds of sale, as and when the property is sold. You should therefore get clarification from your Mother as to why she what her intentions are.

If you act as a new Trustee and the due share of the property does not get transferred to your Father's new wife/her half share is not protected for her benefit, you would potentially guilty of fraud and she could also sue you to claim back her due share. I hope this clarifies the legal position.

If so, I would be grateful if you could rate my answer (top right of your screen).

Kind Regards Al

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