deeds being left in my name without my consent

greenelephant150

Hi everyone

My late mother died last december. I had a bad relationship with her as she was abusive to me in my childhood. She named my sister and brother-in-law as the executors.
I am writing for legal advice on this matter.....
My mother had a second home which she sold for approx £330K in 2016. I have been told by my brother-in-law that my name was put on the deeds (but I was not informed of this) and there is CGT (capital gains tax) to be paid. However the monies of the sale of the property was put into a trust which I have no control of. She has named me as only a discretionary beneficiary to the trust and my sister and brother-in-law as both trustees and executors. I am suspicious about why I wasnt informed. Is this a cynical and spiteful move to burden me with the debt of CGT yet provide me with no means of paying it off? Id like some legal light shed on this situation.
On the flip side can i bring legal action against false representation of my name on the deed documents without my consent and also as I am the man whose name is on the deeds can I assert a claim to the monies despite the money put into a trust out of my reach?
I am grateful for any help given to me

Regards

[Name removed by Forum Team]

user1977

If you were a joint owner of the property, how could the property be sold without your involvement? Have you actually seen anything evidencing that your name was ever on the deeds?

canaldumidi

If as you say you name was added to the property's registered title, then either you signed  something for this to happen, knowingly or unknowingly (probably form TR1), or your signiture was forged.

Similarl, when the property was sold, if you were a registered owner, then either you signed  something for this to happen, knowingly or unknowingly (probably form TR1), or your signiture was forged.

If your signiture was forged (in either or both cases) that would be fraud:

Action points if you suspect property fraud

• Report the suspected property fraud to the Land Registry as soon as possible. The Land Registry has a dedicated phone line which can be used to alert them if you are worried that your property may be subject to criminal activity. They may be able to put a temporary protective application against the property to prevent further transfers taking place as an initial precautionary measure.
• Report the fraud to the police. This can be done online through the Action Fraud website.
• Seek urgent legal advice and assistance with lodging the appropriate and comprehensive application(s) at the Land Registry together with supporting evidence.

and

reportafraud@landregistry.gov.uk

p00hsticks

Added to what the previous posters had said - if there was any CGT due, surely it would have been due in 2016 when the property was sold, not following her death ?

carefullycautious

I would advise you to remove your name for privacy reasons

sammyjammy

Do you mean the property was in your name before she sold it?  If she sold it why do think CGT is due now?

TBG01

Odds on original poster returning? I'll say no chance.

doodling

Hi,

There are several things in the post which don't make sense. Why would someone who you don't get on with give you a house? Why would they then give you the proceeds of the sale of the house, albeit in a trust.

If you claim that the house was not yours then it might put in doubt the trust that has been created for you.

In general, if you are the sole beneficiary of a trust then that trust can be wound up in your favour (i.e. you are entitled to the cash). This may be a case where the "in general" bit of the above sentence doesn't apply however so don't assume anything yet.

I think it would be worth talking to the rest of your family to understand why things have been done as they have - the actions are not consistent with your mother doing something on a whim to spite you.

If talking to your family doesn't help then you will.need legal advice from your own solicitor. You need to fully understand what they tell you before you take any action as there is  significant risk that you might end up in a worse position if you do something without understanding the consequences (e.g. don't claim that fraud has taken place yet, wait for your own legal advice).