Question
Eddie and Tubbs Tattsyrup purchased a property in the village of Locale for themselves and their three children: Mickey, Val and Ross. The property was
Eddie and Tubbs Tattsyrup purchased a property in the village of Locale for themselves and their three children: Mickey, Val and Ross. The property was to be used as holiday home. The legal title to the property was registered in the names of Eddie, Tubbs, Mickey & Val. An inexperienced conveyancer was used and no consideration or arrangements were made regarding the equitable title to the property.
For many years the family used the property as a holiday home, and great times were had. Eddie and Tubbs' health began to falter and they needed to move into a nursing home. Eddie and Tubbs began to think about their assets and they decided it would be a good idea to send a letter to Mickey, Val and Ross, saying that they (Eddie and Tubbs) were only entitled to half of the property. Tubbs composed a letter to Mickey, Val and Ross, and sent it to their home addresses. Tubbs used her old address book and sent Val's letter to a property that she had moved away from, 8 years ago.
Tubbs sadly died. Her will, which was valid, left all her property to Eddie. At Tubbs' funeral, Val learned of the letter that her siblings had received from their mother. Eddie was horrified to hear that Val had not received it. After Tubbs' funeral, Eddie wrote another letter to Mickey, Val, and Ross. He also emailed them, texted them, and instructed his solicitor to also tell them that he held his share separately from Mickey, Val and Ross. Eddie died shortly after Tubbs, from a broken heart. His will, also valid, left all of his property to his lovechild, Les McQueen.
Mickey, Val and Ross were upset to learn that they had a half-brother and they began to argue. Val developed a drink habit and mortgaged her share of the property to the Gurney's Bank, to pay for strong alcohol. Mickey and Ross got into a vicious fight, and Mickey struck Ross, and he died. Mickey has been charged with Ross' murder. Val has recently been declared bankrupt. Mickey maintains his innocence and wishes to continue holidaying at the property when he can.
Les McQueen wishes to know what share of the property he owns and what might become of the property. He rather likes the idea of spending time at the property as he never spent much time, or any holidays, with his father.
Advise Les
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To advise Les McQueen on his share of the property and what might become of it there is need to consider the legal and equitable aspects of the property ownership as described in the scenario Firstly ...Get Instant Access to Expert-Tailored Solutions
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