My parents helped my great-aunt to buy her housing association property some years ago. Their names, along with my aunt’s, are on the mortgage, but not the deeds. It was agreed (not in writing) that my parents would pay the mortgage with minimal contributions from my great-aunt and, after the latter’s death, the property would pass to my mother. Then my aunt and mum had an entirely unrelated falling out. They haven’t spoken in a couple of years and my aunt has made it clear she doesn’t intend to honour the agreement to pass the property to my mum on her death. However, my parents are still paying all the mortgage on the property because their names are on it and my aunt can’t, and won’t, contribute. My parents are good people who have acted with integrity but I fear my embittered aunt is going to screw them over on her death by attempting to leave a property they have paid for, but she legally owns, to a charity. Is there anything that can be done to guard against this? CG, London
This is a sad situation. It would seem that, even though nothing was put in writing, the arrangement was intended to constitute a trust. Mark Steggles, property litigation partner at Thomson Snell & Passmore, suggests your parents apply to the Land Registry to register a restriction against the property title, noting their stake in it. “This would prevent a transfer of the property without their consent. Some restrictions even prevent the transfer of a property without a court order,” he says. But they will need to send some evidence of the arrangement made with the aunt, as well as of mortgage repayments they have made – that could be a stumbling block.
If you need help email Anna Tims at your.problems@observer.co.uk or write to Your Problems, The Observer, Kings Place, 90 York Way, London N1 9GU. Include an address and phone number.
