Resulting trusts and care home fees - absence of evidence

[Brian312]

In the early 1980's my brothers (in England and Scotland) and I provided 95% of the funds for our mother (in Scotland)to buy her own council house. We transferred money from our bank account to hers. We thought we were purchasing the house with her as 'beneficial' owners, although were content that only her name appeared on the house deeds as the 'legal' owner.

This arrangement was undertaken as an informal family arrangement and not discussed with lawyers etc. There is therefore no contemporaneous evidence to back up these details since none of us have the same bank accounts we had 25 years ago.

The house has recently been sold as my mother has entered a care home because of dementia. Whereas we anticipated getting 95% of the house sale proceeds the Scottish local authority now say that as we have no contemporary evidence that we funded 95% of the purchase in 1980's, they will take 100% of sale proceeds into account towards care home fees? Is this right?

Am I correct in thinking that under the English concept of 'resulting trusts' my brothers and I could assert our beneficial ownership to 95% of the sale proceeds, even though we have no contemporaneous evidence to back our claim?

And if so, are 'resulting trusts' equally valid under Scots law?

Even if we had 'loaned' or 'gifted' the monies to my mother - instead of purchasing beneficial ownership jointly with her - it would surely have been reasonable for her to return these 'loans' or 'gifts' following the house sale now that she has no further use for the house.

Is there any way out of this lack of contemporaneous evidence - via resulting trusts; or by some other means.

Any help or advice would be appreciated.

Brian 312

[Peter D]

As your action to provide a home was so long ago I think you have a good case. However can you prove how you paid for the property. i.e. chcks into one account then one cheque out to buy the house. Anything like than. Think hard, it was 26 years ago but bank records are kept if you are lucky. Regards Peter

[CDavey9501@aol.com]

I disagree. I'd say you had a weak case because of the time that elapsed and the lack of evidence. But good luck anyhow. A 'gift' is non-refundable!

[Peter D]

Yes CDavey I take your point if it was seen as a gift then then no refund. This could be a decision made in haste for you brothers and expensive at that. However if you gained the property the Authorities will be invoicing you for the care possibly £620 a week. Regards Peter