Sister lent money - changed terms of Loan

[purplemushroomfairy]

Hi, not sure if anyone can help .

My Mum died in 2003 leaving her share of the home to myself and my sister . Her will also allowed my step father to live in the house until he died . He moved in with his girlfriend three months after Mum was buried . My sister and I were not advised of our legal rights . 

He died a couple of weeks ago - we do not have good relations with step siblings . 

It appears that in 2016 he applied to have Mum removed from title deeds - she did have a beneficial interest - I think my sister and I should have been added after her death but as we had to get the will through probate there was no help . 

I have to write an objection to anything else being changed on the deeds - there is a restriction in B that if its removed will be very detrimental to my sister and I . 

Can anyone help me with the legal wording or where to find it please? 

 

Thanks 

[Ethel Street]

It sounds like there is a lot at stake here for you and your sister, whether you have retained, or can retain, your share of the house. Personally I would not rely solely on the opinions of anonymous strangers online, none of whom are qualified property lawyers with that amount at risk.  Drafting any form of wording to be added to the Land Registry deeds needs professional expertise if you are to get it right. I advise you to consult a solicitor before taking any action.

Who has told you that you " have to write an objection to anything else being changed on the deeds"?

[purplemushroomfairy]

Hi Ethel, I have a solicitor working with us . 

The land registry told me we should file an objection to any further changes and an objection to removing mother in 2016 . I was hoping that there may be a solicitor on here who could point me in the right direction . 

I will give my insurance a ring and see if they can advise re wording etc . 

I have used this group lots for advise but agree I will get legal help too 

Thanks 

[Ethel Street]

I'm confused. If you have a solicitor working with you already why don't you ask them? They are presumably familiar with what has happened and have read all the documents. And drafting the few sentences needed for the objection shouldn't be a large or expensive piece of work.  Bread and butter stuff for them I'd have thought.

[purplemushroomfairy]

There is lots to do and not much money , I genuinely thought someone might know where I could see an example . 

Never mind I will keep searching . 

Thanks 

[Ethel Street]

Someone here may be able to help but not me I'm afraid.  I have no experience or expertise in drafting Land Registry objections.

Incidentally I assume in your research you have discovered that the wordings of the Standard Forms of Restriction are included in legislation? Schedule 4 of The Land Registration Rules 2003. (I am not guaranteeing that is the latest version.)

The Land Registration Rules 2003

WWW.LEGISLATION.GOV.UK

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These Rules are made under the Land Registration Act 2002 (2002 c. 9) (the Act). The Act repeals the Land Registration Act 1925 (1925 c. 21). These...

The expertise is in choosing the correct Form and getting it right in the specifics that you have fill in.

[purplemushroomfairy]

Thank you , I hadn't seen these , I have only found out about the shenanigans . 

[Manxman in exile]

I can only agree with what @Ethel Street has said in #2 and #4.

If you are dealing with issues about the ownership of a house you really need to seek professional paid for legal advice and not attempt some sort of DIY job.  If you already have a solicitor acting for you, why on earth are you asking for advice on an anonymous forum?  You're paying them to advise you.  (I appreciate that this thread isn't specifically asking about ownership but about registering some sort of objection at the Land Registry, but it amounts to the same thing...)

Like @Ethel Street I'm not a lawyer, but I do know a little bit...

21 hours ago, purplemushroomfairy said:

... My Mum died in 2003 leaving her share of the home to myself and my sister . Her will also allowed my step father to live in the house until he died . He moved in with his girlfriend three months after Mum was buried . My sister and I were not advised of our legal rights . 

He died a couple of weeks ago - we do not have good relations with step siblings . 

It appears that in 2016 he applied to have Mum removed from title deeds - she did have a beneficial interest - I think my sister and I should have been added after her death but as we had to get the will through probate there was no help ...

When you say that your mum "left her share of the home" to you and your sister, are you sure that she had a share to leave you in the first place?  She would only have had a share in the house if she and your step-dad owned it together as tenants in common, in which case she could leave her share to whoever she liked (eg you and your sister).  But many homes in the UK are owned by husband and wife as joint tenants, in which case when one spouse dies their "share" automatically goes to the surviving spouse, and can't be left to anyone else.

So do you know if your mum and step-dad owned the house jointly or as tenants in common?

You really need proper legal advice.

[purplemushroomfairy]

Hi, not sure if anyone can point me to letter templates etc . 

In 2003 my sister helped me to clear a ccj I shouldn't have got - previously took company to court and judge said it would have been overturned a week earlier. 

I agreed to pay £50 pcm and continue until paid or would pay the remainder when our late mother's house sold . 

2 years into the agreement we were speaking and I said how please I was to paid off some of the debt - she then insisted I was not paying it off but paying the difference in her mortgage. I carried on paying as agreed . 

In 2017 she rang me and told me to stop paying as I had paid enough . I thought this was odd but she insisted. 

She messaged me (that message has been deleted or edited ) that the reason was I had been paying 10 a month over her mortgage difference and the difference paid her mortgage for a year . 

I have paid over 3k to her which she denies. 

I am also fighting a fraudulent will left by my late step father which disinherits us from a trust my mum left - sister told me she was happy to pay 50% of solicitors fees - that message has also gone and I am no tech wizard .

Anyway , she is now demanding the full amount plus the 3k already paid and refusing to contribute to the solicitors fees for getting the inheritance. 

A solicitor told me he would sort things out for £600 but that I could do it myself as I gave so much evidence except the messages which she seems to have edited or deleted and are not showing as deleted. 

 

Any ideas where I can get a template for letters that cover this area please ? 

[jk2054]

Hi,

Sorry what do you want the letter to say exactly?

 

 

[purplemushroomfairy]

This is what I don't know , the solicitor said just write to the one she is using with the evidence ? 

Not sure how I deal with deleted messages etc or how it should be written. 

There must be something out there .... Hopes 

[jk2054]

Sorry but I'm quite confused.

 

You want to write a letter but you dont know what you want it to say - Maybe I worded my previous question wrong, what do you want the letter to achieve? 

 

[purplemushroomfairy]

I need her solicitor to say : 

there has already been payment of £3500 to your bank account . That is £3500 off the debt . 

she has lied to the solicitor and falsified evidence etc . 

I cannot afford to pay another solicitor in addition to the one I am already paying . 

is there a specific wording etc I need to use ? 

 

[dx100uk]

old and new threads merged for better whole clarity.

deleted messages, where on what type of system  or program or phone or website?

dx

 

[jk2054]

Why can't your current solicitor do this?

You mention paying another one, so you already have one, are they just too expensive? have they done a bad job? etc etc

just so I can understand why your not using solicitor as it seems your sort of doing half on your own half solicitor which is normally not recommended.

[purplemushroomfairy]

He said that he wasn't dealing with it , so far the additional communication has cost me £1000 extra. The solicitor was instructed to ensure that my step sister who tried to defraud us out of the estate we had been left acted properly . 

They are expensive and my legal insurance etc will not cover family issues. 

I am tired , I hoped that there may a legal template I could use . I might have to follow the 'no written agreement it is undocumented ' line . 

[dx100uk]

you dont need to use any legalese at all in letters.

what you are writing here is ok.

deleted messages? where?

dx

 

[purplemushroomfairy]

There were two messages either text or WhatsApp which stated she stopped me paying due to an overpayment, then another saying ' I know I agreed to pay half the fees but since XXX moved in I am having to support two people on one wage '

Both have gone replaced with exactly the words her solicitor used in the letter to the probate solicitor .

I have no idea where the messages have gone as when I archived the messages they were there . 

I have a caveat protecting estate until next May and probate will make it permanent next year .