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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33283
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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my father left £20,000 to two people, and the rest was mine

Customer Question

my father left £20,000 to two people, and the rest was mine on the sale of the house which was the only thing in the estate. I decided i'd like to keep the house so i asked my uncle and my fathers friend if they would accept £10,000 each because thats what i had in the bank and i couldnt afford a loan. They both agreed that £10,000 would be fine and everyone was happy, they didnt have to wait for the house to be sold to get their money and i got the house. The solicitor typed an agreement for them to sign but i didnt want it to be like that, i wanted it done with trust, however, my fathers friend has changed her mind! I wasnt happy, but i told her i would have to sell the house and i'd pay her when it sold, my uncle is annoyed and shocked and says "we had an agreement, and she accepted" Do i have to pay her? considering i didnt get her to sign the agreement?
Submitted: 3 years ago.
Category: Family Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question I will do my best to assist you but I need some further information first.
When was the agreement made and when was the money handed over?
Claire
Customer: replied 3 years ago.

The agreement was made when we were aware of what was in the will and the money was handed over a bit at a time in installments when needed in the following 12 - 15 months. My uncle, my fathers friend and i were all together when i asked them about accepting £10,000 each, they thought about it and they accepted, BUT i didnt get them to sign anything

Expert:  Clare replied 3 years ago.
Hi
What date was this agreement made?
claire
Customer: replied 3 years ago.

it was in May 2010, i cant remember the actual date though!


My fathers friends solicitor is also asking me to enter a charge against my property so that when it sells she automatically gets £10,000 plus 0.3% interest accruing from 30th April 2010, they have sent the ch1 form!

Expert:  Clare replied 3 years ago.
Hi
When did the friend change their mind?
Claire
Customer: replied 3 years ago.

almost as soon as she had the first £10,000! she's even saying we didnt have the agreement! my uncle and aunt were there, and cant believe she is saying this!

Expert:  Clare replied 3 years ago.
Hi
May I ask why you cannot raise a small mortgage for the balance (this is relevant to the answer!)
Claire
Customer: replied 3 years ago.

i now have a remortgage because i got married to an american girl who is coming to England, the visa regulations changed which meant i had to have £30,000 in the bank for 6 months before applying for the visa's! so in short i cannot use this money because it will jeapodise the visa applications!

Expert:  Clare replied 3 years ago.
Hi
So the money will be available in due course?
Claire
Customer: replied 3 years ago.

Yes, but only upon the sale of the house, which was specified in the will. It seems like you are saying our agreement is invalid?

Expert:  Clare replied 3 years ago.
Hi
I am a little confused by your response - surely once your wife has her visa the mortgage monies can be used?
Claire
Customer: replied 3 years ago.

under the visa rules, the money is to provide for my wife and stepchild for 2 and a half years, then have to satisfy the ukba again that have funds in place to reapply for the spouse visa! If my wife gets work then yes the money would be available, but have to assume that she as far as the ukba are concerned, so the only way she can be paid is to sell the house then buy somewhere else to live. If of course the agreement we had is not valid

Expert:  Clare replied 3 years ago.
Hi
I am afraid that the reason that the solicitor suggested that you got a signed agreement to avoid this.
It would appear that the friend agreed to this on the ground that you could not get a loan but changed her mind - possibly when she discovered that you could or had got a mortgage.
Given that your Uncle was a witness to the agreement you could try and argue that there was an Oral agreement - but frankly the risk that you will end up losing and paying her legal cost as well.
The Charge that they are asking you to sign is also reasonable I am afraid
I appreciate that this is not the answer that you wanted - but there is little point in my not being clear and honest with you.
If you need further clarification please let me know
Claire
Customer: replied 3 years ago.

can the solicitor make me enter into a charge on the house and have my friends name on the title deeds? or would a signed letter from me be sufficient?

Expert:  Clare replied 3 years ago.
Hi
The solicitor cannot force you to sign the charge - but they can start court proceedings if you do not do so to recover the monies due to their client
No solicitor would advise their client to simply accept a letter
Claire

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