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I am looking for clarity/answers I hope I am clear feel free to ask further Qs and thank you for taking the time to read this post.
I am querying the land registry title deed of a residential property my bro and sis were the Trustees (and executors) and beneficiaries and I was beneficiary of our late father's estate with Mum having some form of "life interest". We all lived with Mum apart from my sis. Dad passed in 1995 and the Trustees filled in an AS1 form in 2006 - in Box 10 of AS1 - they ticked the second box underneath Box 10 "hold on trust for themselves as tenants in common" and they included me even though I am not a trustee or executor of Dad's estate. I am a future beneficiary like they are, we all had the AS1 form signed and witnessed and the title deed reflects box 2 wording. Should they have ticked the third box down by inserting "holding the property as trustees on trust for the future beneficiaries" or something like that and/or written in Box 11 to make it clear they are holding the property as trustees on trust - as Dad's Will Trust stated "my Trustees shall permit her to occupy the same as long as she shall so desire rent free". Mum remained in the property until her demise.
My Qs:
Is that a life interest for Mum?
Would the Land Registry amend the AS1 form box 10 to reflect what Dad's will trust stated "My Trustees shall hold the next proceeds of all parts of my estate upon trust for such of my children .." I don't think the Trustees used a solicitor/conveyancer - unsure what to do. Only 1 Trustee remains who wants to sell and I want to buy his share.
If Land Registry did amend the 2006 form and removed my name so I am not Trustee of Dad's estate it would just be my bro, can he sell or arrange a court order to make me sell even though I want to buy out bro's share.
I am Executor of Mum's estate who passed 2023 not distributed it yet as unclear about the 2006 title and DWP wrote me warning not to distribute estate as they want to investigate themselves if Mum owned the property big delay by them; I am Administrator of my late's sis estate (she was the Trustee of my Dad's estate) I held her share of the asset in trust via form IHT418 she left one adult son.
Amy views on this
I spoke to some solicitors in 2019 only one explained that we own the property according to the title deeds and I was not told it was an error or anything. I always understood the property was held on trust and we inherit the property when Mum passes. Meanwhile my bro's sols are rushing me to sell when the DWP are warning me not to distribute gosh I am going to engage another solicitor for advice be good to hear your take on it though thank you
SuLu
I am querying the land registry title deed of a residential property my bro and sis were the Trustees (and executors) and beneficiaries and I was beneficiary of our late father's estate with Mum having some form of "life interest". We all lived with Mum apart from my sis. Dad passed in 1995 and the Trustees filled in an AS1 form in 2006 - in Box 10 of AS1 - they ticked the second box underneath Box 10 "hold on trust for themselves as tenants in common" and they included me even though I am not a trustee or executor of Dad's estate. I am a future beneficiary like they are, we all had the AS1 form signed and witnessed and the title deed reflects box 2 wording. Should they have ticked the third box down by inserting "holding the property as trustees on trust for the future beneficiaries" or something like that and/or written in Box 11 to make it clear they are holding the property as trustees on trust - as Dad's Will Trust stated "my Trustees shall permit her to occupy the same as long as she shall so desire rent free". Mum remained in the property until her demise.
My Qs:
Is that a life interest for Mum?
Would the Land Registry amend the AS1 form box 10 to reflect what Dad's will trust stated "My Trustees shall hold the next proceeds of all parts of my estate upon trust for such of my children .." I don't think the Trustees used a solicitor/conveyancer - unsure what to do. Only 1 Trustee remains who wants to sell and I want to buy his share.
If Land Registry did amend the 2006 form and removed my name so I am not Trustee of Dad's estate it would just be my bro, can he sell or arrange a court order to make me sell even though I want to buy out bro's share.
I am Executor of Mum's estate who passed 2023 not distributed it yet as unclear about the 2006 title and DWP wrote me warning not to distribute estate as they want to investigate themselves if Mum owned the property big delay by them; I am Administrator of my late's sis estate (she was the Trustee of my Dad's estate) I held her share of the asset in trust via form IHT418 she left one adult son.
Amy views on this
I spoke to some solicitors in 2019 only one explained that we own the property according to the title deeds and I was not told it was an error or anything. I always understood the property was held on trust and we inherit the property when Mum passes. Meanwhile my bro's sols are rushing me to sell when the DWP are warning me not to distribute gosh I am going to engage another solicitor for advice be good to hear your take on it though thank you
SuLu
