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*Help Please* Declaration of Trust

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  • *Help Please* Declaration of Trust

    Hello Everyone,
    New to this forum, hopefully somebody can help and I can help others in return.

    My problem starts with a property I purchased in 2005. I provided the funds for the property, and the property is held 'in trust' by my Sister.
    I am both the 'settlor' and the 'beneficiary' of the trust whilst she is the 'trustee'. I believe we have what is called a 'Bare Trust'.

    In this equation, she has the right to reside in the property, which is also written into the trust document. She pays no rental for this, although the trust doesn't touch on the matter of payment of rent at all, either to pay or that no payment is required.

    As I plan out my future, I have asked her to transfer the legal title to me, whilst she would have a lease for life. It is stated clearly in the trust document, that should at any time the 'beneficiary' request the transfer of legal title, then the trustee must comply, and that such transfer would be at the cost of the beneficiary (legal fees etc).

    My sister has now decided to stop taking calls or responding to any messages.
    I have further learnt that she has a friend of hers living with her, who pays no rental, which as my sister has fiduciary duty to manage the estate for my benefit, I think she should be doing. I have never given her any right to allow anybody else to stay there on a permanent basis.

    My question is, in order to enforce the agreement in the trust document for the transfer of the property title to me, what would the best approach be?

    I'm thinking of an N1 form for a monetary claim (for the approx rental that should have been taken) and adding to that a Specific Performance for the signing of the TR1 form to transfer the property legal ownership to me.

    What advice would you give me on the best approach to these matters? Thank you.
    Tags: None

  • #2
    Re: *Help Please* Declaration of Trust

    Hello,

    Although she has stopped taking your calls and before you bring a claim, have you written to her with a letter before action? That will be the starting point which outlines her obligations with specific reference to the necessary clauses. The letter should also state that if she does not reapond within 14 days confirming that she will carry out the necessary requirements of transferring the title, then you will have no option but to issue a claim against her for title to be transferred in your name, and claim any costs associated with the claim.
    If you have a question about the voluntary termination process, please read this guide first, as it should have all the answers you need. Please do not hijack another person's thread as I will not respond to you
    - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
    LEGAL DISCLAIMER
    Please be aware that this is a public forum and is therefore accessible to anyone. The content I post on this forum is not intended to be legal advice nor does it establish any client-lawyer type relationship between you and me. Therefore any use of my content is at your own risk and I cannot be held responsible in any way. It is always recommended that you seek independent legal advice.

    Comment


    • #3
      Re: *Help Please* Declaration of Trust

      Thank you Rob for your reply.

      I have sent a letter already requesting contact but a more informal one as opposed to a formal letter before action.

      I can issue a formal letter with the 14 days notice before action, but would of course want to have a plan of action to follow that up should not contact be received after 15 days.

      My thoughts on this was to claim an amount for the friend staying without my permission or any rental being paid as trust money. That coupled with a SP on the same form (N1) for abiding by the terms of the trust and signing the document?

      Would this make sense?

      Comment


      • #4
        Re: *Help Please* Declaration of Trust

        Part of the pre-action protocol is to put the other side on notice of your intention to issue legal proceedings if they do not comply. My equity and trust law is a bit rusty but I guess it would depend on the wording of the Deed as to whether or not she is permitted to rent the property and whether the proceeds belong to you as the beneficiary whether that's all or part of it.

        You could ask for specific performance or you could ask an order from the court that the property be transferred into your name. You could then forward the judgment to the Land Registry which will oblige them to transfer the title into your name, but you'd need to mention the title number in question along with the address. If going down that route, then you may be best attaching a draft order what you are seeking with the application - bypasses any additional costs you have to pay as the beneficiary to transfer the property in your name.
        If you have a question about the voluntary termination process, please read this guide first, as it should have all the answers you need. Please do not hijack another person's thread as I will not respond to you
        - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
        LEGAL DISCLAIMER
        Please be aware that this is a public forum and is therefore accessible to anyone. The content I post on this forum is not intended to be legal advice nor does it establish any client-lawyer type relationship between you and me. Therefore any use of my content is at your own risk and I cannot be held responsible in any way. It is always recommended that you seek independent legal advice.

        Comment


        • #5
          Re: *Help Please* Declaration of Trust

          Hi Rob,

          Thanks for your message. That makes sense regarding the pre-action protocol.

          The deed allows her the right to live there, doesn't say she can't let the property but equally doesn't say he can.

          My thoughts were along the lines of her responsibilities as a trustee, that letting part of it should mean an amount is payable if she performs her fiduciary duty correctly and holds the property for the benefit of the beneficiary.

          If I apply for a court order for the Land Registrar to register the estate in my name, can that still be done by using the N1 form or would I have to use a different process?

          In drafting an order, what kind of wording would be best employed for the judge to see as being reasonable in light of the deed, and the requirement for the trustee to transfer upon my request?

          Thanks in advance for your help.

          Comment


          • #6
            Re: *Help Please* Declaration of Trust

            Hi Guys,
            Hoping to get some advice on this for next steps please

            Comment


            • #7
              Re: *Help Please* Declaration of Trust

              I've had a quick look into your situation and from what I've read, the trustee cannot benefit from any rental income and must account for it. As for the N1 form I think the correct procedure may in fact be Part 8, under CPR 64 - https://www.justice.gov.uk/courts/pr...art64#IDA0XNCC
              If you have a question about the voluntary termination process, please read this guide first, as it should have all the answers you need. Please do not hijack another person's thread as I will not respond to you
              - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
              LEGAL DISCLAIMER
              Please be aware that this is a public forum and is therefore accessible to anyone. The content I post on this forum is not intended to be legal advice nor does it establish any client-lawyer type relationship between you and me. Therefore any use of my content is at your own risk and I cannot be held responsible in any way. It is always recommended that you seek independent legal advice.

              Comment


              • #8
                Re: *Help Please* Declaration of Trust

                Hi Rob,
                That's great thank you. Have you any links to the kind of wording or suggesting orders etc? Can part 8 also claim for the potential 'lost rental'?

                Comment


                • #9
                  Re: *Help Please* Declaration of Trust

                  You should be able to claim th proceeds as the list of what can be claimed is here https://www.justice.gov.uk/courts/pr...t64/pd_part64a

                  As for the wording of the Order, I'll have a think and get back to you later.
                  If you have a question about the voluntary termination process, please read this guide first, as it should have all the answers you need. Please do not hijack another person's thread as I will not respond to you
                  - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
                  LEGAL DISCLAIMER
                  Please be aware that this is a public forum and is therefore accessible to anyone. The content I post on this forum is not intended to be legal advice nor does it establish any client-lawyer type relationship between you and me. Therefore any use of my content is at your own risk and I cannot be held responsible in any way. It is always recommended that you seek independent legal advice.

                  Comment


                  • #10
                    Re: *Help Please* Declaration of Trust

                    Thanks rob,
                    I'm looking to ask the judge to sign on behalf of the trustee, and order that Land registry transfer the property to me as per the trust document.

                    Comment


                    • #11
                      Re: *Help Please* Declaration of Trust

                      Hi Rob,
                      I have issued the 14 day CPR letter before action. I don't imagine I will get much of a response, so looking to draft out the Part 8 with some help please thank you

                      Comment


                      • #12
                        Re: *Help Please* Declaration of Trust

                        Afternoon, when is the 14 days up?
                        If you have a question about the voluntary termination process, please read this guide first, as it should have all the answers you need. Please do not hijack another person's thread as I will not respond to you
                        - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
                        LEGAL DISCLAIMER
                        Please be aware that this is a public forum and is therefore accessible to anyone. The content I post on this forum is not intended to be legal advice nor does it establish any client-lawyer type relationship between you and me. Therefore any use of my content is at your own risk and I cannot be held responsible in any way. It is always recommended that you seek independent legal advice.

                        Comment


                        • #13
                          Re: *Help Please* Declaration of Trust

                          Hi rob,
                          It will be up on 17 Dec,

                          Comment


                          • #14
                            Re: *Help Please* Declaration of Trust

                            Hi guys, happy new year!
                            Just looking for some support on this one?

                            Comment


                            • #15
                              Re: *Help Please* Declaration of Trust

                              Hi all,
                              Just a quick thread bump looking for some assistance

                              Comment

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