How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Thomas Your Own Question

Thomas
Thomas, Lawyer
Category: UK Law
Satisfied Customers: 6290
Experience:  BA (Hons), PgDip, Practising Solicitor
Type Your UK Law Question Here...
Thomas is online now
A new question is answered every 9 seconds

If a Declaration of trust was drawn up many years ago between

Customer Question

If a Declaration of trust was drawn up many years ago between 4 parties and one party has lost the original document does this mean that the party in question cannot make a claim.
Submitted: 1 year ago.
Category: UK Law
Expert:  Thomas replied 1 year ago.
Hi,

What does the trust declare and what claim would the party seek to make please?

Is this a declaration of trust made in respect of a property?

Kind regards,

Tom
Customer: replied 1 year ago.

Yes the declaration is in respect of property. It is between my parents, father deceased and 1 brother and 2 sisters. My mother still resides in the said property and the deed of trust would not be sought until my mothers death or sale of said property. The deed is for 4 equal shares in the property.


Thank You

Expert:  Thomas replied 1 year ago.
Hi,

And what claim by one of the beneficiaries seeking to make?

You say it is for 4 equal shares but you refer to it being between your parents, 1 brother and 2 sisters, which is five people. Can you clarify please?

Tom
Customer: replied 1 year ago.

Sorry, Mother and Father joint, but father deceased, so now mother, son and 2 daughters, mother has changed her will and is stating that her solicitor has said if any of the parties cannot produce the original document than any claim would not be valid. Claim being upon Mothers death.


Thank You


p.s. Where to I rate your service?

Expert:  Thomas replied 1 year ago.
Don't worry about rating yet.

Preparing your answer now.

Tom
Expert:  Thomas replied 1 year ago.
Sorry, further clarification.

Who is named on the registered title for the property?

Tom
Customer: replied 1 year ago.

Mother as far as I know.

Expert:  Thomas replied 1 year ago.
Hi

Thanks for your patience.

I assume that the declaration of trust states that the mother, son and two daughters have equal shares in the property at the present time but that the mother has said that this is no longer binding because the Declaration has been lost.

If this is the case then my view is that the fact that the Declaration has been lost does not alter the fact that the trust exists. The Declaration is a declaration of the trust, not the trust itself. The trust can continue to exist despite the Declaration confirming it being lost in my view.

Assuming that you do not each execute a further declaration of trust then your respective shares would not alter.

Your mother can direct to leave her share in the property to another person if she wishes, but she cannot purport to leave the whole of the property to another person because ¾ of it is held on trust for other people.

That is not to say that you might not eat in to the equity of it once she passes away by incurring legal fees to prove the existence of the trust in the absence of the Declaration though. You should attempt to resolve the situation perhaps by executing a further declaration of trust now, if possible.

Please remember to RATE my answer OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE or above if you are satisfied that you have received the correct legal advice (even if it is not the answer you wanted to hear), otherwise I do not receive any credit for answering your question.

If you are not willing to rate my answer as OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE then allow me to assist further by replying asking what clarification you require rather than rating my answer at levels below.

If you wish for me to provide you with further guidance on any question you may have in the future then please submit a further question to the board requesting me either by my profile or by marking your question. “FAO Tom”.

Kind regards,


Tom
Thomas, Lawyer
Category: UK Law
Satisfied Customers: 6290
Experience: BA (Hons), PgDip, Practising Solicitor
Thomas and other UK Law Specialists are ready to help you
Customer: replied 1 year ago.

Thank you for your information. I would just like to clarify one point please. My brother has his original copy of the Declaration of trust but the 2 sisters do not. The declaration clearly states all parties names i.e mother, son 2 daughters. So the 2 sisters will not have a problem due to them not having the original document?

Expert:  Thomas replied 1 year ago.
Correct.

Tom

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick Leeds, UK
< Last | Next >
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick Leeds, UK
  • I did not know a French Law service existed and I was very impressed with the speed of reply --- very professional. Many thanks! Ms. Baker Alfafar, Spain
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie USA
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex Los Angeles, CA
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP Hesperia, CA
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin Kernersville, NC
 
 
 

Meet The Experts:

 
 
 
  • Ben Jones

    Solicitor

    Satisfied Customers:

    8364
    Specialist in UK Law with expertise in UK Employment Law
< Last | Next >
  • http://ww2.justanswer.com/uploads/venkoj/2010-02-20_133027_ben_pic.jpg Ben Jones's Avatar

    Ben Jones

    Solicitor

    Satisfied Customers:

    8364
    Specialist in UK Law with expertise in UK Employment Law
  • http://ww2.justanswer.com/uploads/CH/chathamchamber/2011-4-24_191833_1.64x64.jpg INC's Avatar

    INC

    Solicitor-Advocate

    Satisfied Customers:

    3850
    LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
  • http://ww2.justanswer.com/uploads/taratill/2010-03-09_111600_phpsik04M_c2AM.jpg Jenny Mackenzie's Avatar

    Jenny Mackenzie

    Satisfied Customers:

    2612
    Over 10 years experience in general legal matters
  • http://ww2.justanswer.com/uploads/matthewjones/2009-9-7_20342_picture_007.jpg Matthew J's Avatar

    Matthew J

    Solicitor

    Satisfied Customers:

    323
    4 y PQE (Partner) - Commercial / Residential Property & Property and Civil litigation experience
  • http://ww2.justanswer.com/uploads/TO/touchwoodsden/2013-12-6_91518_MeforJA.64x64.jpg Stuart J's Avatar

    Stuart J

    Solicitor

    Satisfied Customers:

    5198
    PGD Law. 20 years legal profession, 6 as partner in High Street practice
  • http://ww2.justanswer.com/uploads/RE/Remus2004/2012-4-22_93111_2bigstockPortraitOfConfidentFemaleL6943985.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    24742
    Over 5 years in practice.
  • http://ww2.justanswer.com/uploads/JO/Josh2010/2012-4-29_19490_GettyImages80121770B.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    6561
    LL.B (Hons), Higher Prof. Dip. Law & Practice