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beneficial interest

beneficial interest

Postby Earl » Mon Jul 04, 2016 9:32 am

Hi
Have a question regarding beneficial interest.
Everything I read relates to couples, in fact I used the beneficial interest aspect 27 years ago gaining 20% of my home shared with my partner. I had made no financial input but believed his promises of a 50% share as a 'common law wife' and thus had a baby with him. (more fool stupid young me)

However, my question relates to whether beneficial interest is also applicable to fathers and daughters..............I have if I read all the information a Constructive Trust between my father and me.
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Re: beneficial interest

Postby dls » Mon Jul 04, 2016 9:47 am

It can. The issues of trusts are derived from actions, not relationships.
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Re: beneficial interest

Postby Earl » Mon Jul 04, 2016 11:01 am

Thanks dls.
Questions arising...................
1) What happens if my father dies before I file, on the assumption I'm getting paperwork together?
2) During the process, we are at the doors of the Court?
3) Or if I never start the process during his lifetime do I have a claim against the estate?
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Re: beneficial interest

Postby atticus » Mon Jul 04, 2016 11:32 am

What is the present position? Are you registered as a joint owner?
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Re: beneficial interest

Postby dls » Mon Jul 04, 2016 12:30 pm

1) What happens if my father dies before I file, on the assumption I'm getting paperwork together?
2) During the process, we are at the doors of the Court?
3) Or if I never start the process during his lifetime do I have a claim against the estate?


The trust (if it exists) is an interest in property. It either exists or it doesn't. That is not affected by a death. However, evidentiary conisderations always suggest that the sooner you act the better.
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Re: beneficial interest

Postby Earl » Mon Jul 04, 2016 1:32 pm

[code][/code]Property (1) that initiated the post was bought in 1980, and I was told that half was mine with my dad. It has never been on LR until this May when I checked if it had been registered. It has been registered as him as sole owner as of May 2016.
As an aside another property bought in 1979 that was registered with LR, is held joint tenancy between my sister and dad. This has always been part of family understanding that we both had a share in a property.

It was only a few years ago I discovered LR, noted my sisters property that we had always been told was half hers and dads, and thus assumed that my dad was telling the truth about my property.
As to 'my' property he supplied to LR the abstract, the conveyance from 1980, form FR1, form DL. to register it.

So to answer your question dls no I am not registered as joint owner. So he has been lying to me for 36 years.

In addition to property (1) I have other properties call them (2) and (3) respectively bought 2001 and 2012 these were held as joint tenancy until last year when he changed them to tenants in common.

I did not challenge my father over the change in tenancy, because at that point I was shown his recent will stating that I was still to share the residual estate with my 2 sisters. So I was happy to get half of 3 properties and a share of the residual. Now I am not,. and want to see if there is any point in going for a constructive trust.
I have now told you about properties 2 and 3 and wonder if; since my whole life has been a bribery to do as he wishes should/can 2 and 3 be included?

And after reading more about Constructive trusts, I get the obvious such as giving up a job to help out, moving closer so you are more available etc, but what if your whole life has been controlled by a bully who keeps you down, subdued, destroys your confidence to the point that you have never had a job and have thus always relied on him for his largess, so you help out when required, treat him to dinner, look after the dog, take him to hospital, clean out his fish pond etc because you need/ want the pay out when he is dead and dare not upset him. Does suffering a lifetime of mental cruelty account for anything in relation to constructive trusts.
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Re: beneficial interest

Postby atticus » Mon Jul 04, 2016 2:11 pm

Earl, you really need to assemble all your evidence and see a solicitor.
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Re: beneficial interest

Postby dls » Mon Jul 04, 2016 3:26 pm

Being told half is yours, on its own, is not enough to crate a trust. There has to be some technical (at least) consideration to crate a trust.
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Re: beneficial interest

Postby Earl » Mon Jul 04, 2016 4:18 pm

Please explain what is a technical consideration? Because if I haven't got that there is no point gathering the evidence and going to a solicitor as atticus suggests.
Last edited by Earl on Mon Jul 04, 2016 4:21 pm, edited 1 time in total.
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Re: beneficial interest

Postby atticus » Mon Jul 04, 2016 4:21 pm

I think he may be referring to the concept of relying to your detriment that is found in the proprietary estoppel cases. I think you may have to look at that route (proprietary estoppel).
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