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Where have I gone wrong?

Where have I gone wrong?

Postby hertford » Sun Nov 08, 2015 11:10 pm

Hello,

First post and not sure where to start. So apologies if this all seems disjointed, misworded and misspelt,etc.

My father died a few years ago. He was on his 3rd wife at the time. The 3rd wife was given life tenancy of my fathers home, with the option should she want to move, the house could be sold and a new one purchased with the proceeds of the sale, any remainder would be added to the trust which is invested in a stocks and shares scheme. She also has to maintain the house and insure it. She wanted to sell up, but the deeds to the house had been lost and the house wasn't registered (dad had the deeds and there was no mortgage on it), she managed to get the solicitors handling the estate to get the house registered some fours years after dad died. I was involved after some time and I had to corresponded with two other solicitors to get things moving along to get it registered. I have found out that to do this she has stated (on Land Registry form ST3) that she has lived in the house since my father bought it. This isn't true. Both me and my father moved some 80 miles to this new place. Neither of us new anybody in the area at the time. I lived there for some six months with just my father and his dog and with my partner staying at the weekends. My father married this woman four years later after I moved out.

The house has now been sold and a new one purchased, which she has moved into. It was agreed between her and the solicitors, that as she was the one who wanted to move she would pay the removal costs. But she left some articles behind and the new owners charged £240.00 for a skip. She had told me that she would put anything she didn't want "in the skip". I believe she never hired a skip and this was a deliberate ploy to create costs for the trust, she's aggrieved that she didn't get anything from the will and has been trying to get the trust to pay to have the new house redecorated, which the original solicitors say they have not done. The solicitors paid up the £240.00 without the consent or knowledge of the new trustees. I've asked for them to repay it but they say they had no choice.

Whilst all this was going on, the solicitors who were also the trustees, offered to resign as trustees. This took forever to arrange. I had no choice but to agree to being one of the trustees along with my partner and her and one other person. This went through a few weeks before the house sale. I wasn't informed of the extra cost of a second skip, never the less they paid it out of the proceeds of the sale.

The solicitors asked me to open a trust account in the names of all four people. I have done this and all four need to sign to take any money out. I have passed the account details to them as requested. But now two of the new trustees have written to them and told them not to transfer the money to this new account. She has also cut off all contact with me and my partner. She is also entitled to the interest the trust receives. It was originally put to us that the residue would go back to the company that invested the money and where the working capital come from.

On the ST3 the wording is...
If you dishonestly enter information or make a statement that you know is, or might be, untrue or misleading, and intend by doing so to make a gain for yourself or another person, or to cause loss or the risk of loss to another person, you may commit the offence of fraud under section 1 of the Fraud Act 2006.

Sorry for the rambling on, but I believe that's the gist of things so far into this 6 year old muddle. I'm getting to the end of my tether with it all at the moment. Her consistent untruths and the solicitors keep on changing things, arranging meetings to talk over things then once I get there changing to something else, one particular meeting was a disaster.

I now wonder where I stand?
Where do I stand on the ST3, what are the repercussion?
Who should have paid the £240.00?
Where have I gone wrong?

I'm sure there are plenty of questions, so please ask and I'll try my best to answer them.

And thank you very much. for your time.
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Re: Where have I gone wrong?

Postby atticus » Mon Nov 09, 2015 8:05 am

Regarding the ST3 Land Registry form, are you saying that title to the property was wrongly registered or should not have been registered? Are you talking about the property that has been sold? If so, shouldn't you be more concerned to be satisfied that your interest in the new property is properly protected?

As to the £240, you may be right, but is it worth it?
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Re: Where have I gone wrong?

Postby dls » Mon Nov 09, 2015 12:49 pm

Arrangements of the sort you describe usually end in misery and bickering.

They are difficult to manage and nobody wants to spend enough to do it right.

Keep your eye on the big picture. Try not to get would up by the little things.

Your £240 would be swamped in additional costs if pursued without great moderation.

I doubt that you have gone wrong anywhere, save in expecting such an unhealthy arrangement to lead to something better than you have.
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Re: Where have I gone wrong?

Postby hertford » Mon Nov 09, 2015 3:51 pm

Hello and thank you,

The bickering has been going on for ages and I can’t see that changing any time soon. I’ve taken the stance “that I will not enter into an argument” and “I will leave any meeting that descends in to one”. As all the meeting have gone that why, the stepmother will drop to name calling, slagging my father off as soon as she realizes she isn’t getting what she wants. She has the benefit of the new house for (quoted from the will) “so long as she wishes and so long as she keeps the house in repair, insures it and pays all outgoings relating to it.” She is also entitled to any income from the monetary residue. Clauses are (d) at the occupant’s request my trustees may sell the House and buy another to be held on trust for sale on the same terms as the house. (e) any surplus arising from the sale and purchase shall form part of my residuary estate.

The new house is in the name of all the four new trustees. The other two trustees are refusing to sign the paper the bank passed to them. The solicitors have told me “our work is done” some months ago but are now threatening to make new charges to the trust. Currently they still hold the residue from the sale and purchase. I’ve told them I do not wish them to act for the trust, as their work is done.

The solicitors asked if we would accept a reduction in the sale because of something that was brought up in the buyer survey, we agreed to this £1000.00, there was nothing mention about the cost of the skip, to remove what she left behind. It was put to me that as she is responsible for “all outgoings” this why she was paying for the removal costs.

As it stands It seems to me that.
(a) a bank account is ready as requested by the out going trustees.
(b) the other two new trustees will not sign the paper work.
(c) the solicitors are holding on to the money.


I’m writing a letter (to go to everybody) stating among other things that I will not consent to a face to face meeting as as past experience has led to a disgraceful scenes from her and I find all that very upsetting so I will conduct my part in writing. And as the solicitors work is done and they have the details they require I’ll not be contacting them again and I will not agree to any more cost from them. I’ve already told the solicitors this in a previous email. She is very reluctant to commit anything in writing.

I’m on two antidepressant pills at the moment and have been since all this kicked off. So avoiding these scenes is imported to my own health.

What do you mean by “new property is properly protected”?

And what is the big picture I should keep my eye on?

Thank you dls & atticus

edit for a few typos
Last edited by hertford on Mon Nov 09, 2015 4:03 pm, edited 2 times in total.
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Re: Where have I gone wrong?

Postby atticus » Mon Nov 09, 2015 3:58 pm

What I said was that you need to be sure that "your interest in the new property is properly protected"; in other words that the registration reflects that your stepmother only has a lifetime interest and that she is not a fully unfettered freehold owner.

The big picture? Well, it's the whole story: what your rights and interests and objectives are, and not getting bogged down in petty sideshows. Identify the real ball and keep your eye on it.
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Re: Where have I gone wrong?

Postby hertford » Mon Nov 09, 2015 4:02 pm

Are right you are. The house in the names of all for trustees. Is that what it should be?

Thank you.
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Re: Where have I gone wrong?

Postby atticus » Tue Nov 10, 2015 11:20 am

That sounds good.
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Re: Where have I gone wrong?

Postby hertford » Thu Nov 12, 2015 9:48 pm

Hello,

Thank you very much to all.

It was put to me by the hospital that I do things via email if I can. So I don't end-up on their doorstep again. I'm going to take this advise and take a few days in replying to those that I receive.

Are (oops) Ah!, Sorry for the typo's etc.

Once again, Thank You.
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