Declaration of Trust not Executed on Death

by Readers Question

12:02 PM, 8th May 2019
About 4 months ago

Declaration of Trust not Executed on Death

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Declaration of Trust not Executed on Death

A Declaration of Trust was set up on my Fathers property in 2002. I am the beneficiary, but only because I am the Contributor, I paid for his house in full.

My Father died a few weeks ago, and I have now found out from Land Registry, the mortgage free property, was sold 6 months before he died, by his Power of Attorney (my brother), to his own son, for half of the market value.

A mortgage was taken out by Lloyd’s Bank.

I have spoken to my Fathers Solicitor, who informed me my Father had changed his Trust, I then showed him the original DOT and he seemed as shocked as me.

Any thoughts would be very gratefully received.

MS

 



Comments

Ian Narbeth

9:53 AM, 9th May 2019
About 4 months ago

Dear MS
If you have not already done so you should try to sort out matters amicably with your brother and nephew. What is their version of events? If the deed of trust was changed, your brother might have thought he was acting lawfully. If that does not work, you need to take legal advice as to whether a breach of trust has occurred. Bear in mind that the legal costs could soon escalate and you may alienate family members.

Joyjoy

11:14 AM, 9th May 2019
About 4 months ago

Thank you for replying to me.
I understand the Declaration of Trust cannot be changed, as I was the Contributor and paid for the property in full.
My Father was allowed to live there forever, until death, rent free.
There is no relationship whatsoever between my brother and I, (he has convictions for violence), apart from threats that the family home would never be mine, even when Father was fit and healthy, my Father and I knew what he was after, and we laughed how he couldn’t go past the law...
He has no money according to companies house and his own property has restrictions (made the date Doctor said Father had 2 hrs to live).
They have managed to secure a mortgage on the property (Fathers’) and since have bought a business and a home each for both his children.
I would like to know why my Fathers’ Solicitor (who has the deeds locked in his strong room for pas 17yrs), has not informed the buyers Solicitor that the house has a Declaration of Trust on it?
The original Solicitor (my Fathers’) is not responding to my Solicitor @£300ph.
Shall I apply to Court, for an Order of Sale or ?

I am moving away to avoid any violence.

Thanking you kindly for your advice.

Michael Holmes

11:35 AM, 9th May 2019
About 4 months ago

This looks like a real dog's breakfast of a situation. There may even be criminality involved if your brother had foreknowledge of the Deed of Trust. The only recourse I can suggest is try and get a good solicitor, though my thoughts are that most of them wouldn't touch a complicated case like this with a bargepole. if they did, you are looking at £500 per hour.

Joyjoy

12:44 PM, 9th May 2019
About 4 months ago

Reply to the comment left by Michael Holmes at 09/05/2019 - 11:35Thank you for replying to me.
How do we know who is a good Solicitor, I have one at £300ph and all she is reporting is no response.
Do you think I should apply to the court to enforce an Order Of Sale?
Can I do it myself or is it better to keep my Solicitor?
Thank you for your advice.

Seething Landlord

14:21 PM, 9th May 2019
About 4 months ago

This sounds like a minefield requiring careful investigation of all the facts and documentation by someone who understands the legal technicalities before any decision can be made about whether you have any chance of success and if so, the best way forward. As you seem to doubt your solicitor's competence, why not ask her if she has the necessary experience to advise on and deal with this type of contentious issue and if not, whether she can recommend someone else to handle the case? Costs will undoubtedly escalate but you are effectively claiming that your house has been stolen so there is a lot at stake and at some point you will need to decide how far you are prepared to go in attempting to recover it.
I would want to know whether the deed of trust was properly executed and if a restriction could or should have been entered at the Land Registry; the involvement of legal advisers throughout; how your brother obtained power of attorney; whether he acted fraudulently in the sale to his son; how he accounted for the proceeds of sale, which presumably should have gone to your father and now form part of his estate; the terms of his Will if he made one; implications for his estate - it may be that all this should also be of interest/concern to whoever is winding up the estate, particularly in relation to IHT.

Joyjoy

15:06 PM, 9th May 2019
About 4 months ago

Thank you very much for replying to me.

All the questions you have stated, is what my Solicitor has asked my Fathers’ Solicitor, who is not responding.

The DOT was made for me as the beneficiary because I paid in full for the property.

A Will was made at the same time, by my Fathers’ Solicitor (the non responding one), and that we are both the Executors and I am the only beneficiary.

My Father went into a home, my brother told Authorities, it not Fathers’ house.

Once he got free care providedfor him, he then sold Fathers’ house, to his son (meaning using him to get a mortgage/cash from the bank), and totally renovated it, 6mths before he died.

I really don’t know if I should be claiming against the Solicitor or my brother and if the Solicitor does not respond, what am I supposed to do.

I thought all my Fathers’ children are supposed to be advised when one sibling is applying for POA, we all live within 1 mile of each other.

This brother is gifting £1,000 to all of the 24 Grandchildren.😲, to try and keep all the family on side and try to justify why him and his family have ended up with Fathers’ house, and his 15k savings, whilst possibly collecting his £301pw benefits for the past 13 mths.

Or maybe I should just go straight to the Court of Protection, does anyone know please?

Thanking you all for your advice, it is sincerely appreciated.

Ian Narbeth

15:12 PM, 9th May 2019
About 4 months ago

Reply to the comment left by Joyjoy at 09/05/2019 - 15:06
Please call me as my firm may be able to help. Google my name for phone number.

Joyjoy

20:30 PM, 9th May 2019
About 4 months ago

Reply to the comment left by Ian Narbeth at 09/05/2019 - 15:12
Thank you very much Mr Narbeth, for taking the time, to allow me to explain, the unfortunate situation I have found myself.

I will definitely contact shortly, with my full details.

Thanking you kindly, once again.

Darren Peters

8:11 AM, 10th May 2019
About 4 months ago

I would be grateful if you could report the eventual outcome of this unhappy matter. Even if a year or so in the future. I understood that a Deed of Trust was, unlike a Will, something that could not be unravelled, set aside or disputed in the way a Will can be.

It will be educational to see whether this turns out to be the case in practice.

Joyjoy

0:20 AM, 11th May 2019
About 4 months ago

Reply to the comment left by Darren Peters at 10/05/2019 - 08:11
I’m desperate to find out myself, as I thought the same as you, I’ll definitely let you know the outcome.

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