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Nicola-mod
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Category: Family Law
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Eldest brother gave smaller sister DEED OF GIFT of ownership

Customer Question

Eldest brother gave smaller sister DEED OF GIFT of ownership of house and moved abroad.
The sister has died, and the sister's husband also died. Their children is now living in the property. Can the brother re-claim the property ?
Submitted: 2 years ago.
Category: Family Law
Expert:  Thomas replied 2 years ago.
Hi,

Is the property in question in the UK please?

Tom
Customer: replied 2 years ago.

The property is in TRINIDAD, W.I

Expert:  Thomas replied 2 years ago.
Hi,

You've posted your question to UK law and UK Family Law. There is no Trinidadian Law section on this site.

Would you like me to request a refund for you?

Kind regards.

Tom
Customer: replied 2 years ago.


NO. The legal system is the same as UK law in Trinidad

Expert:  Thomas replied 2 years ago.
Hi,

The Trinidad legal system is structurally based on the UK system but there will be big differences. I can tell you what would happen in the UK but this is guarantee that it would be same in Trinidad and you would still need to check with a Trinidad qualified lawyer.

Given the above, do you want me to answer or request a refund?

Tom
Customer: replied 2 years ago.


Please answer the request, it will give me some idea when I visit Trinidad in the summer.

Expert:  Thomas replied 2 years ago.
Hi

Thank you for your question and patience, I’m Tom and I’ll try to help you.

In the UK if someone gifted their property to their sister they would execute a Land Registry Transfer. This would transfer the registered title to the sister. She would then become the owner of the land because the legal title would pass to her.

Once the sister became owner of the land then – assuming no formal contractual or trust restriction was placed on her by the brother – she would be able to do with it as she wishes.

Upon the death of the sister the property would pass to whoever she specified under her Will. If she did not have a Will then it would pass under the intestacy rules, which would be the children if her husband passed away.

In these circumstance the brother would not be able to stop the property passing to the children.

The only way that the brother may attempt to claim on the sister’s estate would be if he was financial dependent upon her before her death and to do this he would probably have to litigate. If he was not financial dependent on her then he would not be able to do anything.

As I say, you REALLY need to speak to a Trinidad lawyer to check but the basic principle is that once a person has gift the legal title to something to another then it becomes that persons property to do with as they wish.



My goal is to provide you with a good service. If you feel you have received anything less, please reply back as I am happy to address follow-up issues specifically relating to your question.

Kindly rate my answer if you are satisfied with the information I have provided.

Kind regards,


Tom
Customer: replied 2 years ago.


What happens if there is no WILL.


The sister did not leave a will, and her husband likewise. The children were living in the house and carried on as usual.

Expert:  Thomas replied 2 years ago.
Hi,

If it was based in the UK and the sister did not leave a Will then her estate would pass under what is called the "intestacy rules". This means that if her husband had already passed away then her estate would pass entirely to her children in equal shares.

Please remember to rate my answer.

Kind regards,

Tom
Expert:  Thomas replied 2 years ago.
Is there any further information you require?

I just want to ensure that you are satisfied, so please let me know if you have any further queries on the information I have provided.

If not, please rate my answer.

Kind regards,


Tom
Expert:  Nicola-mod replied 2 years ago.
Hello,

Just a quick reminder, there is an unrated answer waiting for you here from the Professional.

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Thank you,
Nicola

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