We are 3 children. Our parents sold their property to myself

1-Below market. about £300,000

2-no probate as far as Iam concerned

Estates have not been administered.

Please read his statement filed at the Tribunal:

1. The property was originally owned by our Father and Mother, the parents of the applicant and the respondents.


2. In the year 2000, the said parents decided to retire and live abroad where they had previously built a house. They came to an agreement with the applicant and the respondents to transfer the property into the joint names of the applicant and the respondents for them to hold it in equal beneficial shares and then to re-mortgage the property, which was then mortgage free, in order to raise the sum of £100,000 for the benefit of the said parents.


3. In the event the property was transferred into the joint names of the respondents alone as the applicant had a poor credit record and a history of unemployment and fluctuating income which was not acceptable to mortgages. The transfer was registered on 10 December 2001. The common intention of the parties was that the respondents would hold the property in trust for themselves and the applicant in equal beneficial shares. The sum of £100,000 was duly raised by re-mortgaging the property to Nationwide and those monies were paid to the said parents. No payment was made to the applicant.


4. Subsequent to the transfer of the property into the joint names of the respondents, the applicant incurred considerable expenditure and time in respect of management, repairs and improvement to the Property in the belief that he had a one third beneficial interest therein. The following are examples of the applicant’s input into the property.

1. The applicant advertised for lodgers, interviewed them, showed them around the property, drew up tenancy agreements and helped to collect the rent paid by the said lodgers, which was given to the second respondent in order to pay the mortgage repayments.


2. The applicant carried out works of decoration and renovation to the property when required, employing workmen if necessary.


3. In 2009 the roof was replaced and new roof beams installed. The applicant arranged for builders to do this work, calling on numerous friends and acquaintances in the building trade and from his church to provide quotes and engaging the builder who carried out the work.


4. In 2010 our Father wanted the garage to be converted into a bedroom as he could not use the stairs due to disablement. The parents provided the funds for the necessary work to be carried out, which was organised and supervised by the applicant.


5. In 2011, due to water leakage, the applicant had to finance and organised major work on the property which involved replacing the central heating system and boiler and refitting the downstairs shower and bathroom.


6. In 2011, the applicant arranged and supervised the design and refurbishment of the kitchen, installed a new cooker and had a new fuse box lighting installed and general rewiring carried out.

1. The applicant incurred expenditure over the years in excess of £30,000.00 in respect of labour and materials to carry out repairs and improvements referred to. He would not have incurred this expenditure and carried out the work referred to but for his belief that he had an equal beneficial interest in the property and the respondents knew of and encourage his belief.


2. In view of foregoing it is averred that the respondents are bound by a constructive trust to hold the property upon trust for themselves and the applicant in equal shares. Further, or alternatively, the applicant is entitled to an additional beneficial interest proportionate to the time, effort and expenditure which he incurred and/or the increase in the value of the property by virtue of such expenditure and work. So far as may be necessary the applicant will rely upon the doctrine of proprietary estoppels.


3. In 2005 the applicant and the respondents jointly agreed that the property should be re-mortgaged in order to provide funds to purchase a holiday apartment in Pathos, Cyprus. The applicant has visited the said property in Cyprus as the family representative to ensure that it was in a reasonable state and a lettable condition. A re-mortgage was obtained from the Bank of Ireland on 22 October 2008 to fund the purchase. The applicant arranged the holiday rental of the property in Cyprus and its continued maintenance.


4. In the years between 2008 and 2012 the applicant spent long spells in the Property, looking after the said parents who were infirm and immobile. Our Mother developed Alzheimers and our Father required continuous care due to knee replacements and heart trouble. The applicant fed and cared for both of them in the property, arranging doctors’ appointment, washing, cooking and cleaning for them and attending to their needs. Our Father, on the last visit to the property in 2012 that he made with our Mother, sat down with the applicant and the respondents indicating that he wanted them to work together to look after the property and to safeguard the welfare of the second respondent who had learning difficulties.


5. It is further averred that the applicant’s claim to a beneficial interest in the property by virtue of a constructive trust, proprietary estopped or otherwise should be heard together with his intended claim to the Estate of our parents under the Inheritance (Provision for Family and Dependants) Act 1975.

The applicant believes that the contents of this statement are true. I am duly authorised to sign this statement on behalf of the applicant.

1- No proof of cash payment to him as we do not know that it would come this stage of legal dispute after their deaths.

2- Any payment made was between our parents and him and had nothing to do with us. As far as we are concerned it was sold to myself and my sister and registered in our names.

3- He has no proof of money spent other than invoices from friends showing cash payments.

4- Nothing at all was put in writing and further our parents did not live there up to 2012 but were residing abroad until they died in 2012 abroad.