Deed of Trust

[Deleted User]

Hello, my parents signed a Deed of Trust with my brother for the property they all purchased together, the property was solely in my brothers name, now both my parents have passed and my brother states that the Deed of Trust is invalid?  Can anyone advise of this please?  It is dated the same day of the property purchase and has been sent to my parents from a solicitor. Thank you

The_Unready

What is the underlying issue that your brother is concerned about when he asserts that the trust is invalid?

In other words, what is he trying to achieve by declaring it thus, and what problem (if any) does that cause you?

[Deleted User]

because the property is solely in his name he is stating that the Deed is invalid and that the property is his therefore not carrying out my parents wishes in their Will which was to share their percentage between the other siblings

[Deleted User]

thus other siblings are not entitled to any financial gain from the property

RAS

Has anyone downloaded the deeds from the Land Registry? £3 in England and Wales. 

That will show if the property was held as a sole tenancy, with any charge in the name of your parents? Or perhaps as a joint tenancy which left your brother as the sole tenant.

Keep_pedalling

Their deaths does not invalidate the deed of trust.

As well as the deed of trust you parents should have registered a charge against the house, did they do that?

Was the property mortgaged? If it was then your parents may have declared their contribution as a gift which complicates things somewhat.

[Deleted User]

the property was paid for in full in cash from all three parties, the title deeds are in one name, my brother, so that is why a deed of trust was put in place outlining the split of ownership

[Deleted User]

the deed of trust was sent to my parents from a solicitor, stating enclosed copy of deed of trust, therefore we took that this was a legally bound document.  Would a solicitor knowingly act by sending my parents a document that was not legally binding?

Keep_pedalling

A deed of trust normally sets out the percentage ownership of a house owned as tenants in common, but in this case it seems there is only one owner.

My suspicion is that was purchased in your brother’s name to avoid having to pay the extra 3% stamp duty that would have applied if your parents had been put on the deeds. Have you checked the LR year to see if any charges were placed on the house?

[Deleted User]

there are no charges against the house, the deed of trust stipulates the percentages

Keep_pedalling

Deleted_User said:

there are no charges against the house, the deed of trust stipulates the percentages

I think you / the executor needs professional advice on this.