Any Scoobynet Members who are Solicitors??
25 March 2004, 01:57 PM
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Any Scoobynet Members who are Solicitors??
Family feud over a Property and my solicitor is Rubbish with giving out details. Anyone send me down right path please ?
Problem is a property worth about £200,000 which is rented out to same couple for some 25 years. Farther owns it and im only child, ie His next of kin. My Dads sister aged 74 whos married ,has all of a sudden anounced that in the event of his death, she is going to claim her right to this property, which he doesn,t want her to.They havent spoken to each other in 4 years and have no time for each other what so ever.She has no children and if she did,they would have left home as shes evil. She has been to solicitor , so we don,t know what has been said her end. But speaking to my Dad he wants me to have it, and has said so in his will.Question i have for any legal brains on here are.
1, Does she have a claim to it, even thou its mine in his will.
2, Can he sign it over to me now on paper thus allowing him to still claim rent etc ?. Would it be legal ?.
3, Can he sell it me for £1 in legal and binding contract. Thus allowing him everything he wants, rent etc. But allowing it to be mine for legal purposes. ie stop this bitch of a sister of his getting her hands on it.
Anyone give me some info please
In anticapation of advice.
Thanks.
Steve
Problem is a property worth about £200,000 which is rented out to same couple for some 25 years. Farther owns it and im only child, ie His next of kin. My Dads sister aged 74 whos married ,has all of a sudden anounced that in the event of his death, she is going to claim her right to this property, which he doesn,t want her to.They havent spoken to each other in 4 years and have no time for each other what so ever.She has no children and if she did,they would have left home as shes evil. She has been to solicitor , so we don,t know what has been said her end. But speaking to my Dad he wants me to have it, and has said so in his will.Question i have for any legal brains on here are.
1, Does she have a claim to it, even thou its mine in his will.
2, Can he sign it over to me now on paper thus allowing him to still claim rent etc ?. Would it be legal ?.
3, Can he sell it me for £1 in legal and binding contract. Thus allowing him everything he wants, rent etc. But allowing it to be mine for legal purposes. ie stop this bitch of a sister of his getting her hands on it.
Anyone give me some info please
In anticapation of advice.
Thanks.
Steve
25 March 2004, 02:18 PM
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Others on here will know more than me. But at minimum I'd suggest he somehow transfers it to you, not least to avoid IHT if he dies before 7 yrs, let alone the legal headaches with his sister.
I think children come before siblings in inheritance law, but that's for intestate (no will) anyway.
Selling to you for a quid; tricky. I'd worry less about the transfer of title and more of the taxman's suspicion that you're doing it to evade some sort of tax.
In summary - I think the sister is not your problem, but the taxman might be (just noticed the bit about receiving the rent).
I think children come before siblings in inheritance law, but that's for intestate (no will) anyway.
Selling to you for a quid; tricky. I'd worry less about the transfer of title and more of the taxman's suspicion that you're doing it to evade some sort of tax.
In summary - I think the sister is not your problem, but the taxman might be (just noticed the bit about receiving the rent).
Last edited by Brendan Hughes; 25 March 2004 at 02:20 PM.
25 March 2004, 02:19 PM
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First off, I'm not a solicitor. But my understanding of the law is that if he owns the property 100% (property is not in trust or some other legal status) then he gets to decide what to do with it. If he has a proper will, signed and witnessed, then I don't see how anyone else can have a claim on the property in the event of his death.
If your father's total estate (house and any other assets) are worth more than the threshold for inheritance tax (somewhere around £260k IIRC), or even if it is getting close, I suggest he speaks to a solicitor about gifting some of it to you now.
On the face of it, doesn't seem like the most complex of legal situations, so if your solicitor is saying there are some difficulties then there must be other factors involved. I wouldn't think it best to get into the detail on Scoobynet, just get a good recommendation for a solicitor who specialises in wills/probate.
If your father's total estate (house and any other assets) are worth more than the threshold for inheritance tax (somewhere around £260k IIRC), or even if it is getting close, I suggest he speaks to a solicitor about gifting some of it to you now.
On the face of it, doesn't seem like the most complex of legal situations, so if your solicitor is saying there are some difficulties then there must be other factors involved. I wouldn't think it best to get into the detail on Scoobynet, just get a good recommendation for a solicitor who specialises in wills/probate.
25 March 2004, 02:46 PM
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Yes agree. If it's specified in the will she would have to take it to court to prove that she has not been adequately provided for. This is the case when a dependent has been left out of the will, but if she is married unlikely to apply.
If he doesn't leave a will, estate passes to Children, Parents, Siblings, Parents Siblings, Cousins in that order IIRC, if she disputed she would have to prove she was dependent.
If a solicitor hasn't told you that, he either needs to find a new career, or there is something more.
If he doesn't leave a will, estate passes to Children, Parents, Siblings, Parents Siblings, Cousins in that order IIRC, if she disputed she would have to prove she was dependent.
If a solicitor hasn't told you that, he either needs to find a new career, or there is something more.