Declaration of Trust not Executed on Death

by Readers Question

12:02 PM, 8th May 2019
About 2 weeks 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

Seething Landlord

20:40 PM, 11th May 2019
About 2 weeks ago

My prediction is that you will eventually discover that your brother used the deed of trust to convince the local authority that your father had no beneficial interest in the house and then concealed it when using the power of attorney to convey the property to his son.

Darren Peters

10:05 AM, 12th May 2019
About 2 weeks ago

Reply to the comment left by Seething Landlord at 11/05/2019 - 20:40
In what capacity would the local authority need to be convinced of anything and would this L.A. decision be documented and publically available or discoverable?

It would be a nice smoking gun if there is a record of the original Deed of Trust being presented to the L.A.

Darren Peters

10:26 AM, 12th May 2019
About 2 weeks ago

Reply to the comment left by Darren Peters at 12/05/2019 - 10:05Also, am I correct in thinking that with a Deed of Trust, any Deed of Variation or new Deed of Trust that runs counter to the original needs to be signed by all parties and explicitly reference the original?
I.e if I make a DoT A with Fred concerning my house then make a new DoT B with George transferring rights from Fred to Bill then Fred has to sign DoT B giving up his rights?

Seething Landlord

14:17 PM, 12th May 2019
About 2 weeks ago

Reply to the comment left by Darren Peters at 12/05/2019 - 10:05
The local authority would have needed to investigate the assets held by the father when considering whether he should pay his own care home fees.

Joyjoy

15:23 PM, 12th May 2019
About 2 weeks ago

Reply to the comment left by Seething Landlord at 12/05/2019 - 14:17
Yes that is correct, they would have.

Thank you for replying to me.

But, the house was not classed as my Fathers’ as he did not have to pay anything towards it, as he couldn’t afford to.

I am the Contributor because I paid for it in full.

Brother correctly told them (Authorities) conveniently, Father was not the Owner, to escape paying care home fees, (he knew
I was the beneficiary) l, but at the same time, was contradicting himself, admitting he knew there was an owner stated on a Declaration of Trust).

Then he sold the property to his son, because he now had POA and wanted to tell the world, my Father was the owner, not her, I’m in charge so I can sell it, which he did, (for half of the market value).

Desperate for cash, but what if he wasn’t and only sold it for £1.00???,as he can act ignorant and prove a DOT is not showing on Land Registry, so Father must be the sole Owner???

The DOT clearly states ‘Sale of the property, shall not be exercised without her (me) consent’, and the proceeds must go to her,
the Contributor.

Shocked 😮

Seething Landlord

15:43 PM, 12th May 2019
About 2 weeks ago

Reply to the comment left by Joyjoy at 12/05/2019 - 15:23
The sooner you take up the offer from Ian Narbeth the better, in my view.

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