Announcement

Collapse
No announcement yet.

Breach of Trust

Collapse
This topic is closed.
X
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • Breach of Trust

    I was jointly (with my husband) left a 50% interest in the property I was
    renting on the death of my Landlord. She died about 3 years ago. At the time
    I was not notified of my interest by either of her joint executors who were
    her husband and her nephew, and I continued to pay full rent on the
    property.
    It has come to my attention that shortly after she died, the Property was
    then transferred wholly into the name of her spouse, a Joint Executor, by
    his registration at Durham Land Registry.
    It appears that my and my husbands interest in the property were still
    registered although the legal title was then wholly in the name of the
    husband of the deceased.
    The husband died about 17 months ago and I (not my husband) was left 50% of
    the property, the other half being left to the nephew, joint executor of the
    first will.
    As I run my fashions business from the property, I had no alternative but to
    buy out the 50% from him to hold full title. At this time my husband signed
    over his interest in the property to myself to prevent further delay in the
    proceedings.
    It was only on trying to arrange the purchase of the nephews 50% title that
    I found out that my husband had an interest in the property as the Land
    Registry couldn't allow the sale to continue without him signing away his
    interest to myself.
    The actual terms of the first will are as follows:
    6.1 I give to my trustees upon trust my beneficial interest in the
    property known as ( here states the building description) to hold it on
    trust for sale for the eventual equal benefit of my friends (my name and my
    husband's) or the survivor and upon the following conditions
    6.2 my beneficial interest may not be sold or otherwise disposed of
    during the lifetime of my husband Raymond Humble without his consent
    6.3 should my beneficial interest be sold as in clause 6.2 above then
    the proceeds therefrom may be used to purchase a similar joint tenancy in
    common together with my husband Raymond Humble to which the provisions of
    this clause shall then apply
    6.4 any surplus arising from the sale nad purchase of my beneficial
    interest shall form part of my residuary estate.

    Now, it appears to me that I should have been informed of my inheritance at
    the time of the death of the first landlord.
    It also brings to light several questionable actions.
    The property title was transferred to a joint executor, albeit the
    deceased's husband, thereby denying me (and my husband) of legal title to
    50% of the property.
    The issue of the continuance of paying the rent on a property I now had a
    50% interest in is something I can let go for now.
    The greater issue is that on the death of the second of the landlords, his
    will gave 50% to his nephew and 50% to myself.
    There are a couple of areas of concern here.
    As I and my husband already had 50% beneficial interest, then how does the
    second will reconcile this.
    Should the split of property be only on the remaining 50% which I (we) did
    not already have beneficial interest, ie so that I was already entitled to
    50% and the remaining 50% be split between myself and the joint trustee to
    the first will (the nephew).
    As it appears this was a deliberate attempt to deny us of our inheritance by
    a trustee is there any legal redress here.
    Is there any difference between legal title and beneficial interest and have
    I been denied my rights to any of them.
    I know of a time limit of something like a year and a day, but does this
    apply to the rights of objection to the terms of a will rather that its
    satisfactory execution.
    Chew it over and I would be very grateful if someone out there has the
    answers to this question.
    Thanking you in anticipation
    June Robson



  • #2
    Couple more points

    Forgot to metnion that I'm in the UK although I'll welcome advice from any
    quarter.
    The transfer of the property into the sole name of the remaing survivor was
    most probably witnessed by the second executor who had moved in with his
    uncle by this time as he was in his late seventies and very depressed and
    forgetful by this time.
    "Lynn Robson" <[email protected]> wrote in message
    news:[email protected]
    I was jointly (with my husband) left a 50% interest in the property I wasrenting on the death of my Landlord. She died about 3 years ago. At thetime I was not notified of my interest by either of her joint executors whowere her husband and her nephew, and I continued to pay full rent on theproperty. It has come to my attention that shortly after she died, the Property was then transferred wholly into the name of her spouse, a Joint Executor, by his registration at Durham Land Registry. It appears that my and my husbands interest in the property were still registered although the legal title was then wholly in the name of the husband of the deceased. The husband died about 17 months ago and I (not my husband) was left 50% of the property, the other half being left to the nephew, joint executor of the first will. As I run my fashions business from the property, I had no alternative but to buy out the 50% from him to hold full title. At this time my husband signed over his interest in the property to myself to prevent further delay in the proceedings. It was only on trying to arrange the purchase of the nephews 50% title that I found out that my husband had an interest in the property as the Land Registry couldn't allow the sale to continue without him signing away his interest to myself. The actual terms of the first will are as follows: 6.1 I give to my trustees upon trust my beneficial interest in the property known as ( here states the building description) to hold it on trust for sale for the eventual equal benefit of my friends (my name and my husband's) or the survivor and upon the following conditions 6.2 my beneficial interest may not be sold or otherwise disposed of during the lifetime of my husband Raymond Humble without his consent 6.3 should my beneficial interest be sold as in clause 6.2 above then the proceeds therefrom may be used to purchase a similar joint tenancy in common together with my husband Raymond Humble to which the provisions of this clause shall then apply 6.4 any surplus arising from the sale nad purchase of my beneficial interest shall form part of my residuary estate. Now, it appears to me that I should have been informed of my inheritance at the time of the death of the first landlord. It also brings to light several questionable actions. The property title was transferred to a joint executor, albeit the deceased's husband, thereby denying me (and my husband) of legal title to 50% of the property. The issue of the continuance of paying the rent on a property I now had a 50% interest in is something I can let go for now. The greater issue is that on the death of the second of the landlords, his will gave 50% to his nephew and 50% to myself. There are a couple of areas of concern here. As I and my husband already had 50% beneficial interest, then how does the second will reconcile this. Should the split of property be only on the remaining 50% which I (we) did not already have beneficial interest, ie so that I was already entitled to 50% and the remaining 50% be split between myself and the joint trustee to the first will (the nephew). As it appears this was a deliberate attempt to deny us of our inheritance by a trustee is there any legal redress here. Is there any difference between legal title and beneficial interest and have I been denied my rights to any of them. I know of a time limit of something like a year and a day, but does this apply to the rights of objection to the terms of a will rather that its satisfactory execution. Chew it over and I would be very grateful if someone out there has the answers to this question. Thanking you in anticipation June Robson

    Comment


    • #3
      Couple more points

      When a will is processed through probate, there are rules requiring the
      executor to notify the heirs. I don't know what those rules are in the UK,
      but I suspect that the executor committed perjury and fraud by signing
      papers telling the probate court that all the heirs had been notified.
      Three years may be too long ago to do anything about it, but you should see
      a solicitor as soon as you can. It may be that the statute of limitation
      won't be a problem because of the continuing fraud in collecting the rent,
      and the actions of the nephew after the death of the husband. Therefore it
      might be possible to bring a fraud action now, against the estate of the
      husband and against the nephew. Maybe even against the estate of the wife.
      Don't delay.

      McGyver

      "Lynn Robson" <[email protected]> wrote in message
      news:[email protected]
      Forgot to metnion that I'm in the UK although I'll welcome advice from any quarter. The transfer of the property into the sole name of the remaing survivor was most probably witnessed by the second executor who had moved in with his uncle by this time as he was in his late seventies and very depressed and forgetful by this time. "Lynn Robson" <[email protected]> wrote in message news:[email protected]
      I was jointly (with my husband) left a 50% interest in the property I wasrenting on the death of my Landlord. She died about 3 years ago. At thetime I was not notified of my interest by either of her joint executorswho were her husband and her nephew, and I continued to pay full rent onthe property. It has come to my attention that shortly after she died, the Property was then transferred wholly into the name of her spouse, a Joint Executor, by his registration at Durham Land Registry. It appears that my and my husbands interest in the property were still registered although the legal title was then wholly in the name of the husband of the deceased. The husband died about 17 months ago and I (not my husband) was left 50% of the property, the other half being left to the nephew, joint executor of the first will. As I run my fashions business from the property, I had no alternative but to buy out the 50% from him to hold full title. At this time my husband signed over his interest in the property to myself to prevent further delay in the proceedings. It was only on trying to arrange the purchase of the nephews 50% title that I found out that my husband had an interest in the property as the Land Registry couldn't allow the sale to continue without him signing away his interest to myself. The actual terms of the first will are as follows: 6.1 I give to my trustees upon trust my beneficial interest in the property known as ( here states the building description) to hold it on trust for sale for the eventual equal benefit of my friends (my name and my husband's) or the survivor and upon the following conditions 6.2 my beneficial interest may not be sold or otherwise disposed of during the lifetime of my husband Raymond Humble without his consent 6.3 should my beneficial interest be sold as in clause 6.2 above then the proceeds therefrom may be used to purchase a similar joint tenancy in common together with my husband Raymond Humble to which the provisions of this clause shall then apply 6.4 any surplus arising from the sale nad purchase of my beneficial interest shall form part of my residuary estate. Now, it appears to me that I should have been informed of my inheritance at the time of the death of the first landlord. It also brings to light several questionable actions. The property title was transferred to a joint executor, albeit the deceased's husband, thereby denying me (and my husband) of legal title to 50% of the property. The issue of the continuance of paying the rent on a property I now had a 50% interest in is something I can let go for now. The greater issue is that on the death of the second of the landlords, his will gave 50% to his nephew and 50% to myself. There are a couple of areas of concern here. As I and my husband already had 50% beneficial interest, then how does the second will reconcile this. Should the split of property be only on the remaining 50% which I (we) did not already have beneficial interest, ie so that I was already entitled to 50% and the remaining 50% be split between myself and the joint trustee to the first will (the nephew). As it appears this was a deliberate attempt to deny us of our inheritance by a trustee is there any legal redress here. Is there any difference between legal title and beneficial interest and have I been denied my rights to any of them. I know of a time limit of something like a year and a day, but does this apply to the rights of objection to the terms of a will rather that its satisfactory execution. Chew it over and I would be very grateful if someone out there has the answers to this question. Thanking you in anticipation June Robson

      Comment


      • #4
        Couple more points

        McGyver,

        I'd agree that getting a copy of the landlady's will and the trust
        documents and having them interpreted by a lawyer would be wise considering
        the amount of money involved.
        I don't know the UK's laws but would guess that the landlady left her
        property to a trust, not to the poster and her husband. The landlord was the
        trustee of the trust. The beneficiaries of the trust were the landlord, the
        poster, and her husband. The poster and her husband were not heirs in this
        will. My reading suggests that the only thing that the poster is entitled to
        is some money from the eventual sale of the property. She does not own any
        part of the property unless she purchases it from the trust. She is not
        entitled to rent from the property or a rent rebate because she does not own
        it, belongs to the trust. It is not clear from her post how the trustee was
        chosen after the death of the landlord or what rights the landlord's estate
        had to the trust.
        I'm not convinced there was any fraud and would advise remaining on good
        terms with the nephew at least until an attorney reads the wills and trusts.

        Dave M.




        "McGyver" <[email protected]> wrote in message
        news:[email protected]
        When a will is processed through probate, there are rules requiring the executor to notify the heirs. I don't know what those rules are in the UK, but I suspect that the executor committed perjury and fraud by signing papers telling the probate court that all the heirs had been notified. Three years may be too long ago to do anything about it, but you should see a solicitor as soon as you can. It may be that the statute of limitation won't be a problem because of the continuing fraud in collecting the rent, and the actions of the nephew after the death of the husband. Therefore it might be possible to bring a fraud action now, against the estate of the husband and against the nephew. Maybe even against the estate of the wife. Don't delay. McGyver "Lynn Robson" <[email protected]> wrote in message news:[email protected]
        Forgot to metnion that I'm in the UK although I'll welcome advice from any quarter. The transfer of the property into the sole name of the remaing survivor was most probably witnessed by the second executor who had moved in with his uncle by this time as he was in his late seventies and very depressed and forgetful by this time. "Lynn Robson" <[email protected]> wrote in message news:[email protected]m...
        I was jointly (with my husband) left a 50% interest in the property I wasrenting on the death of my Landlord. She died about 3 years ago. At thetime I was not notified of my interest by either of her joint executorswho were her husband and her nephew, and I continued to pay full rent onthe property. It has come to my attention that shortly after she died, the Property was then transferred wholly into the name of her spouse, a Joint Executor, by his registration at Durham Land Registry. It appears that my and my husbands interest in the property were still registered although the legal title was then wholly in the name of the husband of the deceased. The husband died about 17 months ago and I (not my husband) was left 50% of the property, the other half being left to the nephew, joint executor of the first will. As I run my fashions business from the property, I had no alternative but to buy out the 50% from him to hold full title. At this time my husband signed over his interest in the property to myself to prevent further delay in the proceedings. It was only on trying to arrange the purchase of the nephews 50% title that I found out that my husband had an interest in the property as the Land Registry couldn't allow the sale to continue without him signing away his interest to myself. The actual terms of the first will are as follows: 6.1 I give to my trustees upon trust my beneficial interest in the property known as ( here states the building description) to hold it on trust for sale for the eventual equal benefit of my friends (my name and my husband's) or the survivor and upon the following conditions 6.2 my beneficial interest may not be sold or otherwise disposed of during the lifetime of my husband Raymond Humble without his consent 6.3 should my beneficial interest be sold as in clause 6.2 above then the proceeds therefrom may be used to purchase a similar joint tenancy in common together with my husband Raymond Humble to which the provisions of this clause shall then apply 6.4 any surplus arising from the sale nad purchase of my beneficial interest shall form part of my residuary estate. Now, it appears to me that I should have been informed of my inheritance at the time of the death of the first landlord. It also brings to light several questionable actions. The property title was transferred to a joint executor, albeit the deceased's husband, thereby denying me (and my husband) of legal title to 50% of the property. The issue of the continuance of paying the rent on a property I now had a 50% interest in is something I can let go for now. The greater issue is that on the death of the second of the landlords, his will gave 50% to his nephew and 50% to myself. There are a couple of areas of concern here. As I and my husband already had 50% beneficial interest, then how does the second will reconcile this. Should the split of property be only on the remaining 50% which I (we) did not already have beneficial interest, ie so that I was already entitled to 50% and the remaining 50% be split between myself and the joint trustee to the first will (the nephew). As it appears this was a deliberate attempt to deny us of our inheritance by a trustee is there any legal redress here. Is there any difference between legal title and beneficial interest and have I been denied my rights to any of them. I know of a time limit of something like a year and a day, but does this apply to the rights of objection to the terms of a will rather that its satisfactory execution. Chew it over and I would be very grateful if someone out there has the answers to this question. Thanking you in anticipation June Robson

        Comment

        Working...
        X