Saagar Mehta acted for the beneficial owners of a residential property subject to a historic Declaration of Trust. The matter was complicated by strained family relationships, with the parties having been estranged for a considerable period. The trust granted a family member a lifetime right to reside at the property, whilst our clients remained responsible for the mortgage and other ownership obligations.
Over time, circumstances changed significantly. The individual benefiting from the lifetime right of occupation was believed to have moved away from the property, raising questions as to whether those rights had been relinquished. At the same time, the mortgage term had expired, creating urgency around the future management and potential sale of the property.
Saagar reviewed the historic trust documentation, analysed the clients’ legal position and advised on the options available to them. This included assessing whether the right of occupation had come to an end and whether the property could be sold to discharge the mortgage and realise the clients’ beneficial interest.
As part of the strategy, Saagar prepared detailed correspondence and undertook extensive investigations, including liaising with tracing agents, the mortgage lender and other relevant parties. The objective throughout was to resolve matters pragmatically and avoid the need for court proceedings wherever possible.
The matter required careful consideration of trust law, property rights and the practical realities of managing a family-owned asset. A key advantage for the clients was Nockolds’ ability to provide a truly multi-disciplinary service. Alongside property dispute advice, support and guidance were available from the firm’s Wills, Trusts, Tax and Probate team, as well as its Residential Conveyancing specialists, ensuring that both the legal and practical aspects of the matter could be addressed seamlessly under one roof.
By taking a measured and pragmatic approach, Saagar helped his clients navigate a complex and sensitive dispute whilst minimising the risk, cost and uncertainty associated with litigation.
Outcome
The investigations ultimately established that the individual who had benefited from the lifetime right of occupation had passed away. As a result, under the terms of the Declaration of Trust, the clients’ beneficial interest remained intact and the restriction on dealing with the property came to an end. This enabled the property to be placed on the market and sold, bringing a longstanding and uncertain situation to a successful conclusion.
“We were very impressed by your level of service and always keeping us in the loop as to what was going on and the advice you gave, which at times we didn’t want to hear, but you were never condescending and always understanding.”
This matter demonstrates Nockolds’ commitment to providing clear, pragmatic advice on complex property and trust disputes, whilst drawing upon expertise from across the firm to deliver a comprehensive solution for clients.