URGENT: How To Challenge A B7 Land Registry Application?

[JMK]

Apparently as part of her attempts to steal my recently deceased father's assets (see link below), my wicked stepmother as LPA and her lawyers, are trying to "discharge a charge"/break the trust which protects my/our family home.

https://legalbeagles.info/forums/for...ked-stepmother

My "father's signature" on this is probably illegible,and may be fake or worthless, because he had a stroke and had also been diagnosed with dementia.

Unfortunately for the stepmother, a letter from HM LR seeking confirmation of this maneuver (appropriately for anti-fraud purposes) was sent to the family home, which I occupy.

The Land Registry have promised to call my sister within 24 hours, but have not been very helpful to date.

My stepmother is next of kin, and the deadline for challenges is 30-1-19, so what can/should my sister and I do?

[Peridot]

Hi JMK,

I just need to understand what is happening. I appreciate you have issues and concerns that your step mother is trying to get your father's assets. So to be clear, your step mother was an attorney for your father under and LPA? For clarity if this is the case then as soon as your father passed away the LPA is no longer operational so to speak. The executor then takes over your father's assets.

Did your father set up a trust for you/your sister at the property? Who currently has the legal title of the property (this may still be your father if things have not been changed at HM Land Registry following his death).

You mention discharging a charge who is the charge in favour of or do you mean there is a restriction that prevented your father selling without someone else agreeing? Have you obtained a copy of the official copy of the register that shows the proprietorship title of the property? If not you need to request this. It is £3 for a copy of the information held. You want a copy of the title information which can be found here:- https://www.gov.uk/search-property-i...-land-registry
Then you can see what if any restrictions and charges are against the property. If you are unsure feel free to post a copy of the information here with all the relevant identifying info removed of course.

You mention breaking a trust so was a trust deed entered into? Do you have a copy of that? I am not sure what you mean by a B7 application? Is your step mother trying to protect her matrimonial home rights rather than have a trust deed removed?

It is really important to understand who legally owns the property and what it is your step mother is trying to do and whether any trusts and restrictions are in place already. Hopefully we can point you in the right direction then.

As an aside and relating to your previous (and this) post, it is really important that you get advice on the possibility of an Inheritance (Provision for Family and Dependant) Act 1975 claim as soon as possible.

[JMK]

PERIDOT,

Thanks for your reply. Here is what I believe to be true:

Yes, my stepmother gained full LPA powers, probably on the grounds of mild dementia,

We do not know for sure who the executors are, but we suspect it is the stepmother and
her lawyers.

My father owns/owned the property, the lenders are him and the trust.

Breaking the trust required my father's signature, but he had dementia and his illegible
post-stroke signature (a simple squiggle) may have been forged.

We believe that the "B7 Notice of an application to discharge a charge" is designed
to put our birth mother's half of the house, which was in the trust, into my father's estate,
so that the stepmother owns it all.

My stepmother has already been left the separate matrimonial home in my father's
latest will, which may also involve a forged illegible signature "from him", and was
witnessed by my stepmother's lawyers.

50% of the matrimonial home belonged to our father, and his previous will also
left this to my sister and I. As our father's health deteriorated, he became "very
persuadable", according to our stepmother.

My sister and I plan to formally object to the B7 application tomorrow,, on grounds
which include the above. We believe that this will make an investigation obligatory.

Thank you for the reminder about the 1975 Act.

[Peridot]

Hi JMK,

Sorry I'm not understanding your terminology.
You father owned the property in his sole name. Who set up the trust and what was in the trust? Was it a half share of the property? I'm not sure what you mean by the lenders? To understand I really think you need to obtain a copy of the information held at HM Land Registry about the property. I popped the link in the post above.

In addition it is worth pointing out that any trust document has to be executed as a Deed, so signatures have to be witnessed. Who witnessed the documents?

Happy to look at the Land Registry document once you have it but until we can establish how the property was held and what the present application is in relation to it is really difficult to give you any pointers I'm afraid.

[JMK]

PERIDOT,

My father set up the trust, and he plus a lawyer for the trust were the trustees.

We believe it contained 50% (my mother's share) of the family home.

We believe that the recent/new will was witnessed by my stepmother's lawyers,
who failed to assess my father's mental capacity to legitimately sign it.
The signature/squiggle may have even been forged by the stepmother.

We have had the Land Registry document looked at by a/our trust solicitor/
expert, who pieced together some of the above.

We will formally object to the B7 tomorrow, causing an investigation.

Thanks again.

[Peridot]

Hi JMK,
Ok I think I'm getting it. You are not certain what is in the trust but believe it to be a half share of the property. I'm glad you are objecting today hopefully the relevant information will be established regarding the content of the original trust.
As far as the capacity of your father to have a new Will prepared is concerned it may be worth making a Larke v Nugus request of the solicitors who prepared the most recent Will. I'm sure your lawyers are onto this already.
I hope the Trust can be established to enable you to know the best way forward. Here if you wish to post any more info as it comes to light.

[JMK]

Many thanks PERIDOT, Larke v Nugus does look promising.