Is this fraud.

Hotpoint23

Hi, my partner’s father died a couple of years ago. He owned his house as a tenant in common and he left his 50% share to his children. The will says they are trustees. His wife was the executor and allowed to live in the property rent free. We have just found out that the house has been sold stc, but she hasn’t notified anyone and on being chased has advised that the solicitors are dealing with this. I have obtained a copy of the land reg and the wife is the only named person on there, and she has reverted to her maiden name. She has also done an equity release 17 months after my father in law died. Should she have been able to do this without the children’s agreement, and should the children be named as owners on the title document.

We are trying to sort this out amicably, but she is avoiding contact from the children, and it would be helpful to know where they stand. I am guessing they will need to instruct solicitors. Any help is appreciated. Thank you

xylophone

https://www.land-registry-documents.co.uk/information/joint-ownership-tennants/

https://www.thisismoney.co.uk/money/pensions/article-5966805/What-life-trust-family-home-trustees-duties.html

Presumably there was a Form A restriction.

Has the partner acted as in the first link above?

If so, is her solicitor acting as second Trustee in the sale and responsible for holding monies on behalf of the beneficiaries of your father's interest?

Hotpoint23

Hi, the property was owned as tenants in common but there is nothing to show that her solicitor is acting as a trustee. Nobody has been contacted by either the wife or the solicitor to say what is happening. It was sheer luck we spotted that the house had been sold. There is also a new charge on the property that nobody was told about.
Thank you

Keep_pedalling

Hotpoint23 wrote: »

Hi, the property was owned as tenants in common but there is nothing to show that her solicitor is acting as a trustee. Nobody has been contacted by either the wife or the solicitor to say what is happening. It was sheer luck we spotted that the house had been sold. There is also a new charge on the property that nobody was told about.
Thank you

Has the sale been completed? If not you need to put a stop to it pronto.

renegadefm

Yes stop the sale immediately

xylophone

Is there a Form A restriction shown at the Land Registry?

Hotpoint23

We have asked the wife for her solicitor’s details, but not had a response yet. We are planning on contacting the estate agents today to ask them to contact her solicitors for us with a copy of the will, as I’m guessing they won’t tell us who the solicitors are. The property is showing as sold stc, but am not sure how far into the process this is.

How can I tell if there is a form A restriction? There is nothing obvious on the title deed I’ve seen from the land registry. The only entries are down as the wife as owner and the charge for equity release.
Thank you everyone for your help with this.

Tom99

Hotpoint23 wrote: »

We have asked the wife for her solicitor’s details, but not had a response yet. We are planning on contacting the estate agents today to ask them to contact her solicitors for us with a copy of the will, as I’m guessing they won’t tell us who the solicitors are. The property is showing as sold stc, but am not sure how far into the process this is.

How can I tell if there is a form A restriction? There is nothing obvious on the title deed I’ve seen from the land registry. The only entries are down as the wife as owner and the charge for equity release.
Thank you everyone for your help with this.

You will find the following under B: Proprietorship Register:

'RESTRICTION: No disposition by a sole proprietor of the registered estate (except a trust corporation) under which capital money arises is to be registered unless authorised by an order of the court.'

In effect this means a sole proprietor has to appoint a 2nd trustee as well as them to sell the property, the idea being that the 2nd trustee will help ensure that the other beneficial owners get their share of the proceeds.

Hotpoint23

Hi, no it doesn’t say that. The only restriction is to do with the equity release charge. I guess she hasn’t done her job properly as the executor?

MovingForwards

Have you applied to the probate registry for a copy of the will? That will show you what his last wishes were.

Hotpoint23

We’ve already got his will and his wishes were clear, his 50% share of the house was to be given to the children. Thanks