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LondonlawyerJ
LondonlawyerJ, Advocate
Category: Law
Satisfied Customers: 803
Experience:  Solicitor with over 15 years experience.
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Hello, My parents live abroad and they want to gift their

Resolved Question:

Hello,

My parents live abroad and they want to gift their UK property to me. They do not intend to return to the UK and have been gone two years now. I know this is absolutely fine and understand that inheritance tax is due if they both died within a certain period but what I do need to know is what my brother can do about it and if he has any claim to the property? He does not know what they intend to do and they do not want to discuss this with him but the thing is he actually has the deeds to the property because he took them off them years ago. Can you please let me know what if any rights to the property my brother may have if my parents wish to do what i have told you. By the way, I have had no influence in my parents decision over this.

Regards,

Rob
Submitted: 3 years ago.
Category: Law
Expert:  LondonlawyerJ replied 3 years ago.

LondonlawyerJ :

Hello I am a solicictor with over 15 years experience I will try to help you with this.

LondonlawyerJ :

Is there a reason you think your brother might be able to object in law to your parents disposing of their own property as they wish? As a general principle if the property is your parent's and he has no claim on it (eg through contributions to the purchase price) then they can do with it as they wish. I assume your brother is an adult.

Customer:

Hi, Thank you very much for your response. He will probably object yes because all he wants is everything they own upon their deaths.

Customer:

Sorry I pressed return!

Customer:

He is and adult yes and he has no claim on the property regarding payments and has not contributed to it in any way.

LondonlawyerJ :

Then it seems to me that your parents can do with their property whatever they wish to do. The property is almost certainly registered land and if this is the case then you will not need to get the original deeds from your brother to carry out the transfer. It might be sensible for your parents to have different lawyers to you and for it to be made very clear by them that you have not put them under any pressure at all. This will make it harder for you brother to challenge this (not that he has any legitimate reason to do so) is your parents were to die.

Customer:

Hi,

Customer:

I was thinking the same about the property being registered land and will find out. It was a new build many years ago back in the 80's. Thanks again and I will respond if needed with more data.

LondonlawyerJ :

Thankyou and good luck.

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