I have now received the document. Thanks you anyway.
My sibling's name was added to my father's property in order so my father could obtain a mortgage. The Deed of Trust simply states my sibling was given a nominal share of 5%.
As my sibling was never asked or expected or indeed contributed anything, it follows he has no beneficial share. Would I be required to find evidence of an agreement between my father and him, or would it be enough that he made no financial contributions to the property at any time and so it could be argued that he is not entitled to any share and that the entire sale proceeds of the property after mortgage deductions should enter my father's estate.
I contest that he should receive the nominal share. My question is as I contest it where does the burden of proof lie? Is it up to me to prove as best I can that he has not contributed, or has he some responsibility to prove that he did?
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