Family home being sold - will I get my share?

gilliandyson

xylophone said:

What your mother is proposing  ( moving out permanently and then using the  sale proceeds of the property to buy a bungalow for her parents) is clearly not in accordance with your father's will.

Your father's will states

 when my wife shall cease to live permanently in the house or any new residence then the same shall form part of the residue of my estate

MY TRUSTEES shall hold the remainder of my estate on trust either to retain or sell it on the following trusts:-

(a)               to pay my debts Inheritance Tax and executorship expenses;

 (b)               to   pay   or transfer  the whole of the residue unto and equally between my daughters   …………and ………… or the whole to the survivor

With regard to your father's death ( he was a joint proprietor as tenant in common) and the Form A restriction see

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

Death of a Joint Proprietor

It seems to me that you/your sister/the Trustees should seek the advice of a STEP solicitor.

https://content.step.org/step-directory

Thank you so much, that is very helpful - I'll have a look

xylophone

I am wondering whether the Trustees could  register a Form B restriction at the LR?

https://www.legislation.gov.uk/uksi/2003/1417/schedule/4/made

https://www.leathesprior.co.uk/news/restrictions-on-title-protecting-interests-in-property

gilliandyson

theoretica said:

This is not just a problem for you and your sister - are your grandfather and uncle aware and willing and able to take this on?  It is part of their role as executors for your father.

Yes I thought that too - I think they know that it's going to be a battle. Will I actively have to prevent my mother from doing this or will our legal system (during the conveyancing) stop her?

xylophone

Will I actively have to prevent my mother from doing this or will our legal system (during the conveyancing) stop her?

The Trustees of your father's will should have regard to its terms and should write to your mother advising her of what must happen when she moves out of the property permanently.

Otherwise they employ a solicitor to write the letter on their behalf.

They could check on registering a Form B restriction.

getmore4less

Because the trustees did not get registered as legal owners it is quite easy to walk off with the proceeds even with the form A.

They need to act quickly to protect the interests they are trustees of.

TBagpuss

OK, your mum is entitled to ask the trustees to sell the house and to buy a different property for her to live in, but if she is moving to live permanently with her partner , then on sale, as you say, you and your sisters are entitled to your share, and it is the responsibility of the trustees to ensure that you get it. 
In the first place, talk to the trustees, flag this up and ask them to address it. If they don't, then you and your sisters need to take action, and you probably will ned to speak to a lawyer, preferably before the sale goes through.

Obviously in the short term you need to speak to your mum to ask her to confirm that she has made the conveyancers aware that the funds will have to be split 3 ways, and if you know who they are, it may be worth you sending them a coy of the will and asking them to confirm that they have instructions to distribute the proceeds of sale three ways . You are not their client but it is likely to cause them to raise it with your mum, they will be wary of getting involved in any misuse of the funds. 
Ideally the trustees need to deal with it 

Marcon

gilliandyson said:

theoretica said:

This is not just a problem for you and your sister - are your grandfather and uncle aware and willing and able to take this on?  It is part of their role as executors for your father.

Yes I thought that too - I think they know that it's going to be a battle. Will I actively have to prevent my mother from doing this or will our legal system (during the conveyancing) stop her?

It doesn't need to be a battle if they take some sensible advice now. You need to have a chat with them and find out their intentions in terms of ensuring you receive your entitlement.

gilliandyson

TBagpuss said:

OK, your mum is entitled to ask the trustees to sell the house and to buy a different property for her to live in, but if she is moving to live permanently with her partner , then on sale, as you say, you and your sisters are entitled to your share, and it is the responsibility of the trustees to ensure that you get it. 
In the first place, talk to the trustees, flag this up and ask them to address it. If they don't, then you and your sisters need to take action, and you probably will ned to speak to a lawyer, preferably before the sale goes through.

Obviously in the short term you need to speak to your mum to ask her to confirm that she has made the conveyancers aware that the funds will have to be split 3 ways, and if you know who they are, it may be worth you sending them a coy of the will and asking them to confirm that they have instructions to distribute the proceeds of sale three ways . You are not their client but it is likely to cause them to raise it with your mum, they will be wary of getting involved in any misuse of the funds. 
Ideally the trustees need to deal with it 

Thank you, that’s really helpful 👍🏻

glennevis

It might be advisable to set up a land registry property alert. You would then receive an email when a sale is close to completion and the purchaser's conveyancer searches the land registry for existing charges on the property. Including the name of the conveyancing firm.

https://www.gov.uk/protect-land-property-from-fraud

"You can sign up to get property alerts if someone applies to change the register of your property, for example if someone tries to use your property for a mortgage.

This will not automatically block any changes to the register but will alert you when something changes so that you can take action."