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Declaration of Trust from previous owners

Hi all

I'm in the process of selling my house, however today I received a letter from my solicitor asking for a declaration of trust which was signed by the previous owners, two years before I bought the house!

It was signed by the son and daughter of an elderly woman who passed away. When she did pass away they became joint owners (their names were on the deeds). Subsequently we bought the house from them.

My question is this, surely when the house transferred to the son and daughter, the declaration of trust served it's purpose? What implications does this have for me now? I'd ask my solicitor but she has left for the Weekend! Any help would be appreciated.

Comments

  • SmlSave
    SmlSave Posts: 4,911 Forumite
    Part of the Furniture Combo Breaker
    Unless you can say what the dec is supposed to cover no one is going to have much of clue.

    It could be a restriction is on the title, but again, without seeing it....?
    Currently studying for a Diploma - wish me luck :)

    Phase 1 - Emergency Fund - Complete :j
    Phase 2 - £20,000 Mortgage Fund - Underway
  • I'll join that club too, as I have never seen it. Just wondering if anyone had come across this without knowing one existed, like me.
  • magpiecottage
    magpiecottage Posts: 9,241 Forumite
    1,000 Posts Combo Breaker
    Ask the solicitor who organised your original purchase where it is.
  • Thrugelmir
    Thrugelmir Posts: 89,546 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Flatabonks wrote: »
    My question is this, surely when the house transferred to the son and daughter, the declaration of trust served it's purpose? What implications does this have for me now? I'd ask my solicitor but she has left for the Weekend! Any help would be appreciated.

    Where you passed the original signed paperwork in error? Perhaps with other paperwork at the time of purchase.
  • getmore4less
    getmore4less Posts: 46,882 Forumite
    Part of the Furniture 10,000 Posts Name Dropper I've helped Parliament
    How does the solicitor know of its existence?

    Agreements between previous owner(s) should have no relevance to your ownership and sale if your purchase was done properly.

    Interested in the reasons for this request.
This discussion has been closed.
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