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Thomas
Thomas, Lawyer
Category: UK Law
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Experience:  BA (Hons), PgDip, Practising Solicitor
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my solicitor has lost my declaration of trust how do l prove

Resolved Question:

my solicitor has lost my declaration of trust how do l prove l own the house
Submitted: 1 year ago.
Category: UK Law
Expert:  Thomas replied 1 year ago.
Hi

Who is named on the registered title for the property in question please?

Do either you or your solicitor have a copy of the Declaration?


Tom
Customer: replied 1 year ago.

my parents as no 1


me as no2 restriction except under an order of the registrar no disposition by the proprietor of the land to be registered without the consent of me ///


 


no copys of deeds

Expert:  Thomas replied 1 year ago.
Hi,

Sorry. I need you to be a bit clearer.

The "Registered Propreitors" on the registered legal title are the legal owners of the property.

Are you a registered propreitor, along with your parents?

Tom
Customer: replied 1 year ago.

my parents as registered proprietors me as no2 with restriction in my favor

Expert:  Thomas replied 1 year ago.
Hi,

Do your parents dispute that you have an interest in the property under the declaration of trust?

Did either you or your solicitor keep a copy of the declaration of trust?

Tom
Customer: replied 1 year ago.

my father passed away and my mother is in a care home


 


l paid for the home ex conucil while at home


on property register


my parents are named as entry no 1


l am mamed as entry no 2 with restriction in my favor


have letters saying all this which are copys


all paper works missing at solicitors since they has gone computerised


 


thank you your info

Expert:  Thomas replied 1 year ago.
Hi

Thanks for your patience.

I will assume that your parents are named as registered propreitors and that you are the beneficiary of a declaration of trust in which it is stated that you have an interest in the property

If there is a restriction in your favour then it does suggest that you had an interest in the property. That should be the first thing that you say to the council if they ask about care home fees.

They will only be able to take action in respect of your interest in the property.

If your solicitor kept the original of the declaration but this has been lost then you will likely have a claim against your solicitor if this is not sorted out.

You should both check again for any copies, perhaps also checking your parents documents. You shold ask the solicitor what they propose to do about it.

If no copies of the declaration can be found then you, the solicitor and your mother (if she is able) will have to draft and execute statutory declarations confirming that the declaration of trust was drafted, executed, stored and registered against the registered title. This is a sworn statement under law. It would also state the details of the declaration of trust and what percentage you own.

You would then have to produce it to the local authority and hope that they acknowledge the extent of your interest. If they do, then they will be frustrated from claiming against your share and it will be protected.

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Kind regards,


Tom
Thomas, Lawyer
Category: UK Law
Satisfied Customers: 6370
Experience: BA (Hons), PgDip, Practising Solicitor
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