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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33952
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 dad was going to leave my sister and myself half of

Resolved Question:

Hi, my dad was going to leave my sister and myself half of the house he owns, he has now decided to sign the house over to me in full and i have decided to pay my sister by agreement, £150,000 for her half of the house that my dad was going to leave her. I am due to get the property transferred over into my name next week. Do I need to get my sister to sign an agreement to say that she accepts the money in full and final settlement? My dad has not put the house in her name at all and I am not sure if his will states she will get a half share. I just want to clarify once it is signed over in my name, does she have any claim over the property at all? I just want to ensure that there is no later claim on the property.
Submitted: 1 year ago.
Category: Family Law
Expert:  Clare replied 1 year ago.
HiThank you for your questionMy name is ***** ***** do my best to help you but I need some further information firstWere does your father live and why does he wish to deal with the transfer now.When will you pay the monies?
Customer: replied 1 year ago.
Hello,My father is not living in the property, he lives with his girlfriend. The house was owned by my nan and was given to my father he has probate over the estate. Half was given to his brother and half to him, but my dad has probate so he has decided to sign the house over to me. The house is in need of refurbishment so I will need to spend money to do it up. The property is based in the borough of ealing middlesex. My uncle currently lives in the property but due to the fact that he needs to be taken care of as social services have got involved and the house needs refurbishment he has decided to sign it over to me, based on the agreement that I will still allow my uncle to live in the property, which I am fine with and have provided my dad with a contract for this. As my sister was going to receive half of the property from my dad in his will i think, I agreed as a good will gesture to pay my sister as she would have received the half later on. I am due to have the house transferred next week then I will apply for money so that I can pay my sister the money I was going to give her.
Expert:  Clare replied 1 year ago.
OkFor clarity the house is still in your grandmothers name.Your father in the executor of the Will and he and his brother should be the beneficiaries.However you will take over the property in total in exchange foe your Uncle having the right to live there for the rest of his life.The only reason you are giving your sister anything at all is because she might have received half of your fathers half of the equity when your father dies.Is all of that correct?
Customer: replied 1 year ago.
Yes correct. Thanks
Expert:  Clare replied 1 year ago.
In that case your sister has no interest in the property at all and your gift to her is that - a gift.Indeed it is a generous gift - but for certainty you should indeed ask her to sign a simple document confirming thatin consideration of the money she will never make any claim on the property.Please ask if you need further details
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33952
Experience: I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
Clare and other Family Law Specialists are ready to help you
Customer: replied 1 year ago.
Thank you for your help
Expert:  Clare replied 1 year ago.
You are most welcome I hope all goes well

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