Declaration of Trust ~ invalid?

[JJW]

Hello Everybody,

I’m new to this forum and desperately looking for advice, please.

I made a Declaration of Trust (20 years ago) with my Father. I provided the funds to enable him to purchase his house from the local council, as they were threatening to put him in a flat.

We made a Declaration of Trust, as me being the only beneficiary as I was the only contributor and paid in full, plus the Solicitor fee for doing so. The deal was he could live there rent free until his dying day and it could not be considered to be sold unless I agreed and then the proceeds would be mine.

He has very recently died and I have found out the house was sold before he died. *The same Solicitor who made the Declaration of Trust, carried out the sale because he forgot about the DofT.*

The Solicitor said he had to duty of care toward me.

Does anyone have any knowledge or understanding of this situation as I have paid thousands looking for advice?

Thank you in advance.

[JJW]

Anybody got any advice please?

[Vikram Mohan]

Hello Everybody,

I’m new to this forum and desperately looking for advice, please.

I made a Declaration of Trust (20 years ago) with my Father. I provided the funds to enable him to purchase his house from the local council, as they were threatening to put him in a flat.

We made a Declaration of Trust, as me being the only beneficiary as I was the only contributor and paid in full, plus the Solicitor fee for doing so. The deal was he could live there rent free until his dying day and it could not be considered to be sold unless I agreed and then the proceeds would be mine.

He has very recently died and I have found out the house was sold before he died. The same Solicitor who made the Declaration of Trust, carried out the sale because he forgot about the DofT.

The Solicitor said he had to duty of care toward me.

Does anyone have any knowledge or understanding of this situation as I have paid thousands looking for advice?

Thank you in advance.

Since you did not make a charge on the title deed it is possible you had no right over the property.

Also you could claim for losses from the person who inherited the benefits of the estate from your father (this might be your only avenue).

If this claim does not succed and the "Decleration of Trust" was found to have no legal standing to protect your financial interests then you should fight for damages from the solictor as his legal advice and drafting the "Decleration of Trust" did not help you protect your interests.

This is not legal advice but an approach I would personally consider going down.