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Ask Clare Your Own Question
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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My parents gifted there house to my 3 brothers 13days before

Customer Question

My parents gifted there house to my 3 brothers 13days before my mother died in 2006 my faather has now died can i make an inheritance claim
Submitted: 10 months ago.
Category: Family Law
Expert:  Clare replied 10 months ago.

Thank you for your question

My name is Clare

I shall do my best to help you but I need some further information first

When did you first become aware of thsi

Customer: replied 10 months ago.
To day I asked if the estate had gone to probate as my brother informed me the home was gifted to himself and my other 2 brothers some years ago. I then went onto the land regestry and found this happened on 05/12/2006
Expert:  Clare replied 10 months ago.

Were you on good terms with your parents?

Customer: replied 10 months ago.
Untill around the the middle of November of 2006 when my father stopped any contact with my mother and stopped me getting information on her condition from the hospital. She died on the 18 12 2006 of cancer and had been on heavy morphine for several weeks
Expert:  Clare replied 10 months ago.

Was the house held in joint names?

Why did the change in the relationship happen?

Customer: replied 10 months ago.
the house was held in joint names. I do not why the change happened and have not had contact with family from that day till i was informed of my fathers death, My father forbid me from going to my mothers funeral.
Customer: replied 10 months ago.
i was very close to my mother and when this happened she was too frail and felt it best not to pursue as to the reason knowing how ill she was and did not wish to destress her further
Expert:  Clare replied 10 months ago.

The difficulty here is that it is likely that your parents owned the property as Beneficial Joint Tenants and the property would have passed to your father in any event.

He would then have been able to leave the property to your brothers in any event - or transfer it to them.

Whilst it is odd that they went about it this way even if he had simply left the property to them in his Will your chances of challenging it would have been slim given the lack of contact over the last six years.

As things stand there is in fact no claim that you can now make, I am sorry.

Please ask if you need further details

Clare and other Family Law Specialists are ready to help you
Customer: replied 10 months ago.
Thank you for your help
Expert:  Clare replied 10 months ago.

You are most welcome I am sorry the news was not better

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