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Thomas
Thomas, Lawyer
Category: UK Property Law
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Experience:  BA (Hons), PgDip, Practising Solicitor
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The apartment that my Mother was living in was registered in

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The apartment that my Mother was living in was registered in her name. There is a written agreement between my deceased Father and Mother (they were divorced) that 95% of the apartment would be given to me on my Father's death. My Mother would have the right to live in the apartment and the remaining 5% would be given to me on her demise. It also states that the apartment would be registered in her name.
Does the property registration constitute ownership of the apartment or is the signed agreement giving me 95% constitute owneship?
Submitted: 2 years ago.
Category: UK Property Law
Expert:  Thomas replied 2 years ago.
Hi,

Is the agreement your parents executed a formally executed Declaration of Trust prepared by a solicitor, which they each sought legal advice on and which was signed/witnessed?

Tom
Expert:  Thomas replied 2 years ago.
Hi,

Are you able to respond to my above post to enable me to answer please?

Kind regards,

Tom
Customer: replied 2 years ago.

No it was a private agreement between them.

Expert:  Thomas replied 2 years ago.
Ok.

Did they own the property jointly?

Are both mother and father still alive?


Tom
Customer: replied 2 years ago.

I presume they owned the property jointly but am not sure.


Father passed away in January 1998, My Mother is still alive.

Expert:  Thomas replied 2 years ago.
On my phone right now, I will answer in about an hour.

Tom
Expert:  Thomas replied 2 years ago.
Hi

Thanks for your patience .

I am sorry, I had an emergency trip to the vets followed by an anniversary dinner and so was not available to answer yoru question yesterday.

The registered legal title at the Land Registry is proof of ownership. Your mother owns the legal title if she is registered as registered proprietor at the Land Registry.

Even though the legal title is vested in another, it does not prevent an interest being granted to another person. This is called a trust, usually with properties it would be evidenced by a agreement executed by all parties called a Declaration of Trust.

Basically, this should have been dealth with by your father’s Will. The written agreement is quite possibly not binding, but you should speak to your mother about it and see if she is willing to execute a declaration of trust giving effect to the written agreement between them and you as to the 95% ownership.

If she is not willing to do this, then you simply would have to litigate on the basis of an informal written agreement which is highly disputed and this is not a great position to be in because if it is contentious you would have to pay money in legal fees, only some of which you would be able to claim back.

If she disputes then you should see a litigation solicitor for a consultation

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Kind regards,


Tom
Thomas, Lawyer
Category: UK Property Law
Satisfied Customers: 6599
Experience: BA (Hons), PgDip, Practising Solicitor
Thomas and 2 other UK Property Law Specialists are ready to help you
Customer: replied 2 years ago.

Ok, I now understand the property is solely in my mother's name. I have Power of Attorney on her financial matters - does this change anything?

Expert:  Thomas replied 2 years ago.
Hi,

Is this a Lasting Power of Attorney?

Tom
Customer: replied 2 years ago.

Yes, this is Lasting Power of Attorney

Expert:  Thomas replied 2 years ago.
Hi,

If it's a Property and Affairs LPA then it would in theory give you rights to deal with the property on her behalf.

However, you are duty bound to only do this for her benefit so you cannot diminish her interest in the property

Tom
Thomas, Lawyer
Category: UK Property Law
Satisfied Customers: 6599
Experience: BA (Hons), PgDip, Practising Solicitor
Thomas and 2 other UK Property Law Specialists are ready to help you
Customer: replied 2 years ago.

Yes I have financial LPA which means I can deal with the property on her behalf.


But does it mean that I own the property? (see above agreemnt between my parents)

Expert:  Thomas replied 2 years ago.
Hi,

The LPA does not change my original advice.

If the agreement they signed was a formal Declaration of Trust (which would usually be prepared by a solicitor) then you would have the interest stated in it.

However, if it was not a declaration of trust then you would not be assumed to have an interest in it. You would instead have to prove it in litigation, which is very uncertain and complicated.

Either way, if you do have an interest it is only a benefical interests. This does not mean that you own the legal title, it means you simply have an interest in the equity.

The LPA does not mean you own the property either. It means that you can deal with it on your mother's behalf in her best interests.

Kind regards,


Tom
Thomas, Lawyer
Category: UK Property Law
Satisfied Customers: 6599
Experience: BA (Hons), PgDip, Practising Solicitor
Thomas and 2 other UK Property Law Specialists are ready to help you

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