Good evening all, I Was wondering if anyone knew how the following could have occurred ?
background info first.
A mortgage free property owned by person A & person B as tenants in common , a form A restriction had been placed on the title deeds to reflect a Trust deed arrangement for the splitting of the estate 50 / 50 between A & B`s children upon death of the other or if the surviving person deemed it necessary they could use the NET sale proceeds towards a new property and then a similar restriction placed on the newly purchased property. to reflect persons A wishes under the original trust deed.
person A passed away about 5 years ago and person B continued to live in the property until about 1 year ago until person B decided to up sticks / sell / remarry & buy a new property jointly with there new spouse.
The title deed had the restriction (form A) under the proprietorship register section
The trust deed existed and was written as per my description above (50/50 split or NET proceeds toward a new property + new restriction) etc.
However the property was sold and there had been no split or no restriction logged against the new property for person A`s children as laid down in the original trust deed.
SO how could this have been allowed to have happened any ideas ?
thank you
background info first.
A mortgage free property owned by person A & person B as tenants in common , a form A restriction had been placed on the title deeds to reflect a Trust deed arrangement for the splitting of the estate 50 / 50 between A & B`s children upon death of the other or if the surviving person deemed it necessary they could use the NET sale proceeds towards a new property and then a similar restriction placed on the newly purchased property. to reflect persons A wishes under the original trust deed.
person A passed away about 5 years ago and person B continued to live in the property until about 1 year ago until person B decided to up sticks / sell / remarry & buy a new property jointly with there new spouse.
The title deed had the restriction (form A) under the proprietorship register section
The trust deed existed and was written as per my description above (50/50 split or NET proceeds toward a new property + new restriction) etc.
However the property was sold and there had been no split or no restriction logged against the new property for person A`s children as laid down in the original trust deed.
SO how could this have been allowed to have happened any ideas ?
thank you
