This site uses cookies. By continuing to browse the site you are agreeing to our use of cookies. To find out more about cookies on this website and how to delete cookies, see our Cookie Policy.
Analytics

Tools which collect anonymous data to enable us to see how visitors use our site and how it performs. We use this to improve our products, services and user experience.

Essential

Tools that enable essential services and functionality, including identity verification, service continuity and site security.

Where Taxpayers and Advisers Meet

Declaration of trust

Purple01
Posts:2
Joined:Wed Oct 30, 2019 11:01 am
Declaration of trust

Postby Purple01 » Wed Oct 30, 2019 11:15 am

My father moved into his partner's home ( never married) and paid for work on the property. They have a declaration of trust but his partner cannot remember the details. He is now deceased and we are trying to execute his will. Our solicitor has been unable to gain a copy of the DoT from land registry.


My question is how do we find out what the declaration of trust states so it can be declared on dad's assets?

maths
Posts:8157
Joined:Wed Aug 06, 2008 3:25 pm

Re: Declaration of trust

Postby maths » Wed Oct 30, 2019 2:10 pm

It would seem that no solicitor was involved in drafting the DoT?

Typically, on execution of a DoT by a sole proprietor (ie father's partner) a Form A (and a Form B) so-called "Restriction" would be registered with LR. Presumably the check made at LR by the solicitor showed no such registered Restriction?

One option might be for father's partner to execute a statutory declaration confirming that she executed a DoT reciting the relevant details including the % beneficial share ownership; this would be a sworn statement. Your solicitor will be able to advise.

Purple01
Posts:2
Joined:Wed Oct 30, 2019 11:01 am

Re: Declaration of trust

Postby Purple01 » Wed Oct 30, 2019 2:57 pm

Thank you for replying.
The DoT is listed on the land registry title deeds that I can view online. I can only presume it was drawn up by a solicitor but dad's partner cannot remember as it was about 15 years ago.
Unfortunately the relevant details as a % or £ are unknown. I know it cites that whoever survives can remain in the house but as his partner is not mentioned in the will as it predates their relationship then matters are tricky to sort. I know she won’t write a sworn statement. The solicitor wants the asset listed but without proof and has warned the revenue won’t accept it and makes a late financial claim on the property difficult.
Where should we be seeking for the DoT?

AnthonyR
Posts:321
Joined:Wed Feb 08, 2017 2:33 pm

Re: Declaration of trust

Postby AnthonyR » Mon Nov 04, 2019 12:06 pm

Where should we be seeking for the DoT?
In your father's filing cabinets or the offices of the solicitor who drew them up. Unfortunately if you can't find it in either place then you won't be able to find it. Generally DoTs aren't registered or stored in any 'official' places such as the land registry.

Consequently without knowing the details of it it makes it very difficult to confirm what it says.

In terms of your father's partner agreeing to sign a sworn statement, she might agree to do so if the alternative is that she has no right to occupy the house or have a share of the equity.
Anthony Rogers LLB CTA TEP
Fusion Partners LLP
anthony@fusionpartners.co.uk


Return to “Inheritance Tax, IHT, Trusts & Estates, Capital Taxes”