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Senior Partner
Senior Partner, Solicitor
Category: UK Law
Satisfied Customers: 13325
Experience:  30 years experience in business law and related topics such as employment law
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My mother jointly owned a property with her partner, My mother

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My mother jointly owned a property with her partner, My mother died in 2004 her partner having died a few days earlier. The terms of my mothers will were that my sister could reside in the house indefinitely. However if she vacated the premises for any reason, than the house was to be sold and her share of the proceedings were to be divided between her five grandchildren at that time. My two adult children are beneficiaries under the terms of my mothers will. I have had not had any contact with my sister since 2004. We recently learned that the property in question was sold in December 2011 presumably buy my sister who was the executor. Neither I nor my two children have ever been notified in regards XXXXX XXXXX sale. How can I found out what happened to my mothers share of the proceedings and what steps can be taken in the event that a misappropriation of monies has occurred.
Thank you for your question. You can easily check at the land registry if the property was sold. You then need to find you sister and get here to account for the proceeds. I assume she had no right to invest the proceeds in a new property.
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Customer: replied 3 years ago.

As I pointed out in my question we know that the house was sold, and we did get the information from land registry. Land registry only showed who bought the property and does not show the vendor's name. It is possible that the house has been onsold more than once. It is possible that my sister has changed her name which makes tracing her difficult especially as we live in Australia. Your assumption that my sister had no right to invest the proceeds in a new property is correct. The question I asked was what steps can be taken in the event that a misappropriation of monies has occurred I presume solicitors would have been involved in the legalities of any sale.

Thanks for your response . Your remedy is to sue your sister to account for the proceeds.. it is almost certainly the case that lawyers would have acted on the sale but if the property was in her name there is no reason why the solicitors would do anything other than follow her instructions about the proceeds. It is possible if the lawyers knew about the term a of the will they might have some duty but I think it would be difficult to pursue them. - if that was what you are asking. You have to track down your sister and defendant an account . If you have no way of contacting her you may have to start with a private detective . The law is pretty clear the issue is I am afraid a practical one of tracing your sister and the money. It may be possible if the solicitors can be found to get orders of disclosure of where the funds went but it is obviously going to be time consuming and expensive.

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