Discclaimer by Conduct.

[atticus]

I intended to say that I am inclined to agree with dslippy, including the conclusions towards which I think he is working. Sorry if I caused any misunderstanding.

Can you please answer my earlier question about who is named on the Land Registry freehold title as registered proprietor. Please then explain how this came about and why.

[atticus]

Also

Is there any written record of the oral agreement or reference to it, such as in emails? What, if anything, have siblings 3 and 4 done in the belief that this agreement was in place?

[wilkie]

Hello Atticus,
The freehold is held by the housing association, the leasehold is still held in the deceased mothers name, nobody has done anything about changing it. I cannot offer any explanation of how this situation arose. The lease with the Housing Association has been changed, to the new names.
The ageement was verbal, all the siblings where present, and all agreed with the outcome, I was the only other person present at this meeting, but had no say in the outcome. After the funeral the two younge siblings continued their residence in the belief that the affais had been settled, and have lived in the house to this day in that belief. As I have written previously, they have carried out improvements to the property, treating the house as their home.

[wilkie]

Hello Atticus,
I have come across this section from the Inheritance tax Manual, (IHTM) published by HMRC.

In the light of this extract could I try your patience with two final questions, my questions are;
In your opinion, does the ten year delay, and decade long acceptance of the status quo by Sibling One, constitute “Disclaimer by Conduct” as set out in the extract below?

And secondly, would you say that the actions of Siblings Three and Four, living in the house and carrying out works, i.e. new roof, and installing new uPVC double glazing, constitute evidence, that they have, “altered their position in reliance on the disclaimer”?

IHTM35161 - Disclaimers: introduction
In general law, a beneficiary has the right to

• renounce a gift made to them under a will,
• Disclaim their interest under an intestacy.

A beneficiary may disclaim by written disclaimer or by conduct. The disclaimer must apply to the whole of the benefit. The beneficiary must not have received any benefit from the property being disclaimed, although they may accept one gift in a will and disclaim another.
A disclaimer must be unconditional and the beneficiary cannot redirect the interest that is being disclaimed. The disclaimed benefit falls back into residue and follows the devolution of the estate accordingly.
A beneficiary who has disclaimed an interest under a will may subsequently retract their disclaimer provided no-one has altered their position in reliance on the disclaimer.

Regards, and many thanks,
Wilkie.

[atticus]

The so-called conduct appears ambiguous, in that I do not see how it can be said to leave no other possible conclusion. The sibling in question may well have another plausible explanation for his conduct.

You may do better to get the best evidence you can pull together of the agreement. Who said what, to whom, how, and when? Was this sibling ever asked to contribute to rent, maintenance, repairs? Why not? (Yes, I can guess the answer to the last one, but fill in the detail!)