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Thomas Judge
Thomas Judge, Solicitor Advocate
Category: UK Law
Satisfied Customers: 8758
Experience:  Award winning lawyer with over 15 years experience
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I think I have a claim against a third party, however in order

Customer Question

I think I have a claim against a third party, however in order to proceed I need to see a document that may show whether I have a case.

The issue I am having is the Executors holding the document are refusing to let me have a copy. It is not a personal document, but a "Deed of Trust" which they have used to pay a creditor possibly incorrectly.

Is it possible to compel them to provide a copy either via demand or by court order.

If by court order, how would I obtain such an order to compel them to release a copy?
Submitted: 11 months ago.
Category: UK Law
Expert:  Thomas Judge replied 11 months ago.

Thomas Judge : Thanks for your question. Please remember to RATE once you get my answer.
Thomas Judge : why do you think you are entitled to this document
Expert:  Thomas Judge replied 11 months ago.
Our chat has ended, but you can still continue to ask me questions here until you are satisfied with your answer. Come back to this page to view our conversation and any other new information.

What happens now?

If you haven’t already done so, please rate your answer above. Or, you can reply to me using the box below.
Expert:  Thomas Judge replied 11 months ago.
Dear Ju,

Wy do you think you are entitled to a claim?
Customer: replied 11 months ago.

I have now received the document. Thanks you anyway.

Expert:  Thomas Judge replied 11 months ago.
My pleasure
Thomas Judge, Solicitor Advocate
Category: UK Law
Satisfied Customers: 8758
Experience: Award winning lawyer with over 15 years experience
Thomas Judge and other UK Law Specialists are ready to help you
Customer: replied 11 months ago.

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?


 

Expert:  Thomas Judge replied 11 months ago.
The burden will be on you - but you do not need to have put in a financial contribution to have an equitable interest - he could argue that the risk of the mortgage was the value he provided.

Please remember to RATE
Thomas Judge, Solicitor Advocate
Category: UK Law
Satisfied Customers: 8758
Experience: Award winning lawyer with over 15 years experience
Thomas Judge and other UK Law Specialists are ready to help you

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