I am dealing with an estate comprising a property that belonged to H and W as JT’s who have both now passed away. In both their Wills they appointed 2 of their 4 son’s as Executors and Trustees. Their wills left their entire estates to 3 out of their 4 sons equally.
During their lifetime, in 2008 they gave a 1/3 share of their property to their other son, evidenced by a Deed of Trust. This son has learning difficulties and lived in the house with them and continues to live there.
The Trustees inform me that they are now holding their brother’s 1/3 interest on trust for him as their parents are now deceased and they want me to enter their names only on the Proprietorship Register of the property, as holding the property on trust for all 4 brothers, but I do not see how this can be the case as surely the Deed of Gift is entirely separate to the Wills? I wish to register their brother as a joint owner of the property or at the very least place a restriction on the Property Register protecting his interest in the property which they do not want me to do.
How would forum members deal with this matter?
Rexton Law LLP