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Hi All
I am currently going through matrimonial proceeding in the PRFD which also involve two of my children as there is a ‘preliminary issue’ regarding ownership of what I say is the ‘family matrimonial home’ (FMH). Sorry for the long post but unfortunately I am not represented due to a lack of funds but both my wife and children are, by different firms and I really need all the help and assistance I can get.
The ‘preliminary issue’ to be decided is “the question of the legal ownership and/or beneficial interest in the former matrimonial home,...”.
The FMH was purchased in 2009 for £280k with a deposit of £70k and fees of around £10k, £65k of that was raised from re-mortgaging a property that was/is being held in Trust for the Children which arose in 2004 when my Wifes Father passed away. He left my wife £20k and the remainder to be held in Trust for the children.
Originally there were solicitors appointed as Trustees but following meetings with us they renounced probate. Bizarrely they in their wisdom have decided they can act for my Wife and do not see any issue with that, I am not so sure and think there will be an issue as I have asked them for a statement regarding their meeting with us, what was discussed, any advice they gave us, any correspondence etc, but they have declined so I have to consider whether I should apply to the Court to order this be done.
The reason I wanted the statement is that we were never advised of how stringent the duties were and as such we ran it on what I would describe as an ad hoc basis. Further we were advised that monies from it could justifiably be used for the benefit of the children, holidays, clothing etc. Receipts were kept for works carried out and monies spent on the property but no accounts were completed however my Wife has now denied that there are any receipts or paperwork left at the FMH.
The house that was inherited was in a dilapidated state and not inhabitable, as we did not have the funds to renovate the property it was empty until 2009. During this time we paid the mortgage, council tax, utilities, upkeep, renovation etc for the property. It is my case that this was well in excess of £100k and when it came to the re-mortgage in 2009 we were getting back what we had paid into the Trust.
The property was then leased in 2009 and paid for itself from thereon and more, the excess was always left in the Joint account and as far as I was concerned was used for the benefit of the children.
Further to this I represented the Trust in very lengthy proceedings at the High Court, there was well over ten hearing dates and the Judgment was over 50 pages. As a result the Trust was awarded a share in another property worth £70k+. I had a reasonable belief that I would be entitled to claim for representing the Trust at the litigant in person rate as well as claiming my expenses.
All in all there is a discrepancy in the ‘accounts’ of around £30k which I say should be made up of the litigant in person rates, interest (given the property was empty for 5 years while we paid expenses) and monies used for the benefit of the children.
It should be noted there is an exclusion of liability clause in the will which states:
‘None of my Trustees shall be liable for any loss or damage to the capital or income of my estate or of any part of any trust property which arises through the exercise in good faith of any power given by this Will or any codicil to it or by the general law and none who acts gratuitously shall be liable for any such loss or damage unless it arises through an act or omission which amounts to conscious wrongdoing’
It is my case that while I may have been reckless and not ran the Trust correctly I was and have never acted with a ‘conscious wrongdoing’ which I am told is basically dishonesty and would mean I have stolen of defrauded the Trust. As such and in the absence of any evidence that the FMH was bought as exactly that it should remain as an asset of the marriage. If the beneficiaries feel they have a claim against me that should be another matter (case).
I should add there is no evidence that the property was purchased on behalf of the Trust, save for the word of my soon to be ex-Wife. Our names are on the land registry and I have a copy of the instructions we gave to the conveyancing solicitors which have no mention of the Trust.
In the circumstances I would appreciate any help or assistance that you can give please.
I would like to sincerely thank everyone for reading this very lengthy and detailed post, thank you.
I am currently going through matrimonial proceeding in the PRFD which also involve two of my children as there is a ‘preliminary issue’ regarding ownership of what I say is the ‘family matrimonial home’ (FMH). Sorry for the long post but unfortunately I am not represented due to a lack of funds but both my wife and children are, by different firms and I really need all the help and assistance I can get.
The ‘preliminary issue’ to be decided is “the question of the legal ownership and/or beneficial interest in the former matrimonial home,...”.
The FMH was purchased in 2009 for £280k with a deposit of £70k and fees of around £10k, £65k of that was raised from re-mortgaging a property that was/is being held in Trust for the Children which arose in 2004 when my Wifes Father passed away. He left my wife £20k and the remainder to be held in Trust for the children.
Originally there were solicitors appointed as Trustees but following meetings with us they renounced probate. Bizarrely they in their wisdom have decided they can act for my Wife and do not see any issue with that, I am not so sure and think there will be an issue as I have asked them for a statement regarding their meeting with us, what was discussed, any advice they gave us, any correspondence etc, but they have declined so I have to consider whether I should apply to the Court to order this be done.
The reason I wanted the statement is that we were never advised of how stringent the duties were and as such we ran it on what I would describe as an ad hoc basis. Further we were advised that monies from it could justifiably be used for the benefit of the children, holidays, clothing etc. Receipts were kept for works carried out and monies spent on the property but no accounts were completed however my Wife has now denied that there are any receipts or paperwork left at the FMH.
The house that was inherited was in a dilapidated state and not inhabitable, as we did not have the funds to renovate the property it was empty until 2009. During this time we paid the mortgage, council tax, utilities, upkeep, renovation etc for the property. It is my case that this was well in excess of £100k and when it came to the re-mortgage in 2009 we were getting back what we had paid into the Trust.
The property was then leased in 2009 and paid for itself from thereon and more, the excess was always left in the Joint account and as far as I was concerned was used for the benefit of the children.
Further to this I represented the Trust in very lengthy proceedings at the High Court, there was well over ten hearing dates and the Judgment was over 50 pages. As a result the Trust was awarded a share in another property worth £70k+. I had a reasonable belief that I would be entitled to claim for representing the Trust at the litigant in person rate as well as claiming my expenses.
All in all there is a discrepancy in the ‘accounts’ of around £30k which I say should be made up of the litigant in person rates, interest (given the property was empty for 5 years while we paid expenses) and monies used for the benefit of the children.
It should be noted there is an exclusion of liability clause in the will which states:
‘None of my Trustees shall be liable for any loss or damage to the capital or income of my estate or of any part of any trust property which arises through the exercise in good faith of any power given by this Will or any codicil to it or by the general law and none who acts gratuitously shall be liable for any such loss or damage unless it arises through an act or omission which amounts to conscious wrongdoing’
It is my case that while I may have been reckless and not ran the Trust correctly I was and have never acted with a ‘conscious wrongdoing’ which I am told is basically dishonesty and would mean I have stolen of defrauded the Trust. As such and in the absence of any evidence that the FMH was bought as exactly that it should remain as an asset of the marriage. If the beneficiaries feel they have a claim against me that should be another matter (case).
I should add there is no evidence that the property was purchased on behalf of the Trust, save for the word of my soon to be ex-Wife. Our names are on the land registry and I have a copy of the instructions we gave to the conveyancing solicitors which have no mention of the Trust.
In the circumstances I would appreciate any help or assistance that you can give please.
I would like to sincerely thank everyone for reading this very lengthy and detailed post, thank you.
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