I wonder if any legally trained folks can guide please ?
A resulting trust claim is being potentially claimed against my late mum's estate, she died intestate 2.5 yrs ago.
My fellow beneficiary claims he owns a piece of land that was in my late parents names. He claims he loaned the purchase price. To date he has not forwarded any hard evidence of this.
There is a S116 Court appointed Independent Administrator trying to administer the estate but is up against his constant blocks including putting a lodger in the house and refusing access to the valuer and to clear it.
Have now had sight of the original conveyancing file from when the land was bought and it shows the purchase was made by a Ltd company that he was a co director of until he resigned 2 years later.
The company was then run by another family member until it was liquidated due to debts. A professional liquidator was involved.
This land did not appear as an asset on any of the co accounts published on Companies House, liquidator unaware it may have been an asset.
There us a gift of monies document in the file, stating he will seek no beneficial interest in the land and that the land is to go to him and myself upon our parents death.
He claims he has no knowledge of this letter and the signature is forged by my late mum.
Ive spoken to a couple of solicitors and been given conflicting advice that makes little sense.
My understanding is that a resulting trust is primarily based on demonstrating money changed hands via personal funds and Ltd Company funds cannot be claimed as personal money ?
The IA also seems quite confused on next steps.
No official letter before action yet, just an email from his solicitor to the IA.
The due dillingence by the conveyancing solicitor is shocking, so many red flags regarding the source of the funds and the intention of the parties that the IA said the transaction should never have completed due to the concerns over funding.
Any thoughts welcome