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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34105
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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Inheritance Law Question

Resolved Question:

Inheritance Law Question Mr & Mrs A got a council property which they paid rent to the council. They brought up their children at that place. Three of the children lived with the parents passed the age of 18. Mr A passed away. After that point Mrs A purchased the property from the council under the right to buy scheme. Mrs A couldn't afford the mortgage therefore the eldest child living at the property jointly purchased the property. Other two siblings paid towards to mortgage but officially they are not owners of the property. Mrs A passed away. The eldest child claims rights over the property and takes 100% of it. What is the legal standing for all the children of Mrs A in terms of claims over this property?

Submitted: 1 year ago.
Category: Family Law
Expert:  Clare replied 1 year ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
How much was the discount and how much did the other children contribute towards the mortgage
Clare
Customer: replied 1 year ago.

I'm replying but I don't think its going through?

Expert:  Clare replied 1 year ago.
Hi
Nothing yet apart from that comment I am afraid
Clare
Customer: replied 1 year ago.

1999 price 260k, after 75% discount cost 65k.

two siblings paid 1/3 each of the monthly mortgage cost. No evidence as it was cash dealings.

Mrs A has 9 children and three in question lived with her passed the age of 18.

Expert:  Clare replied 1 year ago.
HI
When did A die and did she leave a Will?
Clare
Customer: replied 1 year ago.

May 2014.

I don't know of any wills?

Expert:  Clare replied 1 year ago.
Hi
Is the property now in the name of the one one sibling?
Clare
Customer: replied 1 year ago.

yes, as far as it is known.

don't know what rules are set by the local council when an owner is deceased.

Expert:  Clare replied 1 year ago.
Hi
May I ask why no challenge was made two years ago?
Clare
Customer: replied 1 year ago.

It was over 1.5 years ago...

Didn't know the laws.

Expert:  Clare replied 1 year ago.
Hi
How many years did the two siblings pay the mortgage for?
Clare
Customer: replied 1 year ago.

I think it may have been around 5 years.

Expert:  Clare replied 1 year ago.
Hi
Was that the period of ownership of the mother?
Clare
Customer: replied 1 year ago.

From 1999 till she passed away.

Expert:  Clare replied 1 year ago.
Hi
Do you have evidence of the discount?
Were the two siblings living at the property when they paid the mortgage and if so did they pay anything extra towards the outgoings?
Clare
Customer: replied 1 year ago.

1) no evidence of discount but it openly talked about. The council will have a record of that. The siblings do not have any paperwork as the eldest kept that and dealt with the paperwork.

2) yes two siblings lived there. And yes they paid extra towards house running costs, such as food, utility etc.

Expert:  Clare replied 1 year ago.
What is the current value of the property?
Customer: replied 1 year ago.

may be in the region of above 1.2 million

Expert:  Clare replied 1 year ago.
Hi
In that case it is certainly worth taking the matter further
There are two possible arguments that can be used.
The major one relates to the substantial discount your mother received and the fact that it is unlikely that she meant that to benefit just one of the nine children.
Letters of Administration will have to be taken out on her Estate to challenge the Transfer of the property into his sole name
There is Case law on the subject which can be accessed using the Link on the site here
http://1chancerylane.com/articles-and-publications/some-practical-problems-arising-under-the-right-to-buy-may-04/
pages 4 and 5
In addition the two siblings who made payments towards the mortgage may have small claims on the property in their own right
I hope that this is of assistance - please ask if you need further details
Clare
Customer: replied 1 year ago.

How long do the siblings have in order to start pursuing this?

Does this have to be a joint claim by the 8 siblings (9th holder of the property)?

Why is getting the discount significant?

Ignoring the small claims by the two siblings...what value would the property considered for the claim? date of mothers death? current?

The link does not take me to a case, there are two listed, which one is relevant?

Re An application to Commit (H v D & ors) [2015] EWHC 2090 (Fam) and [2015] EWHC 2228 (costs)

TAJ v ISLAN: Judges still falling into error in the assessment of BHR post Stevens v Equity [2015]

Expert:  Clare replied 1 year ago.
Neither - you need the Download from the start of the article
Customer: replied 1 year ago.

How long do the siblings have in order to start pursuing this?



Does this have to be a joint claim by the 8 siblings (9th holder of the property)?



Why is getting the discount significant?



Ignoring the small claims by the two siblings...what value would the property considered for the claim? date of mothers death? current?

Expert:  Clare replied 1 year ago.
The claim will be by the Estate of the mother.If you read the article you will see that the discount is important as it is the mother's contributionIt is a matter that need sto be dealt with urgently - and it is not about the value of the property - it will all be based on percentages
Clare and other Family Law Specialists are ready to help you

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