Tenants in Common & Declaration of trust/Trust deed

[Dev_1]

Hello,

Thanks for finding the time to read , Just after some guidance.

If the land registry placed a form A restriction on a property after the solicitor failed to state how the property was to be held on the TR1 by both my parents
how will you ever know this information, the solicitor is likely not to have any paperwork relating to the purchase as it was 17 years ago, and its not even known if there was any trust deed or declaration or trust drafted we may never know this information.

If there was a trust deed of some sort I understand correct me if i am wrong that its not mandatory for it to be supplied and registered with the land registry against the property, but in this case when none of the three boxes in section 10 are crossed.

If there was some sort of declaration of trust which was not submitted to the land registry would the solicitor still need to tick or cross a box in section 10?. I am just trying to understand what has happened and if there may have been a reason why its been done that way.

The land registry do not have any other documents apart from the TR1 which does not state this information.

The restriction has now been removed, as the property was re-mortgaged and my mother who is the sole owner signed a declaration.

She did previously own this property with my father who passed away in 2006.

At the moment i am just thinking along the lines of what would happen if there was a declaration discovered later on between the two of them my mother does not remember or recall, can it be revoked or cancelled?.


Kind regards

[pawncob]

More a legal question than Taxation. Suggest you try a legal forum.

[maths]

Have I not attempted to answer this in an earlier post?

[Dev_1]

Hi Maths & Pawncob,

Thank you for your replies.

Yes Maths you kindly did, however further info came through from the land registry as mentioned below.
I just don't know where to go from here, knowing that we don't and probably won't ever know how the property was held in the absence of a declaration of any type.

I was just wondering if we can do anything to overcome this, i appreciate that the property is now in the sole name and the restriction removed.

I guess we are just slightly confused on what to do with the information we now know.

kind regards

[bd6759]

I am not sure what the problem is. The property is now held in your mother's name, and the resitriction has been removed.

It is not important to find out what happened in 1998 unless you think you are entiteld to a share of your father's estate. In that case, as mentioned, you need legal advice, not taxation advice.

[tjamesbo]

test response