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LondonlawyerJ
LondonlawyerJ, Advocate
Category: Law
Satisfied Customers: 793
Experience:  Solicitor with over 15 years experience.
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My aunt has just found out that she signed her deeds over to

Resolved Question:

My aunt has just found out that she signed her deeds over to nephew 8 years ago when in a vulnerable position, didn't realise thought signing her will. She has been paying for new kitchen and bathroom etc.. when not even hers, she wants it back what can she do to get her home back in her name
Submitted: 2 years ago.
Category: Law
Expert:  LondonlawyerJ replied 2 years ago.
LondonlawyerJ :

Hello, I am a solicitor with 20 years experience. I will try to help you with this.

LondonlawyerJ :

Can you tell me a bit more about the circumstances please. How was she vulnerable, why did she sign the deeds over?

Customer:

My aunt was caring for my nan, her husband and brother, 8 years ago my uncle John last to go, she has no children, and relied on my cousin, only come up now as aunt getting frail, and wants to sell her home, this new phew also her power of attorney, and he said she signed the property to him, but she says wouldn't do that made a Will, l yes but didn't give her home away

LondonlawyerJ :

OK, has anyone seen the transfer of property to the nephew? Might he be lying? You can check at HMLR here https://eservices.landregistry.gov.uk/www/wps/myportal/My_Home and get a tiutle regoster to see who the property is regstered to.

Customer:

Yes we have checked and that is how we know did in 2006 just after my uncle passed away. My aunt does not know anything about signing into his name we have asked him to explain hi self, is coming tomorrow. We need to know what she can do if he refuses to give her her home back,

Customer:

He also will not tell her about her investments, was left over £100000 by my uncle and now worried he has taken everything

LondonlawyerJ :

Ok well he needs to have a good explanation. Your aunt has the mental capacity to deal with her own affairs? If she has been tricked into giving her property to him then she may have been the victim of a fraud. Ultimately if he doesn't return what the ash taken you may need to call in the police. What does your Aunt want? Does she want all her stuff back for her to deal with as she wishes or just an explanation? You might find this leaflet from Age UK helpful..

Customer:

My aunt wants full explanation her home back and to take him off as power of attorney and hand that over to a solicitor

Customer:

She has full mental capacity at the moment has short term memory problem, but her medium and long term fine, I didn't get an attachment re age concern

Customer:

But is she in her rights if tricked into signing a deed transfer to get her home back. And can she stop him being pop and put into a solicitors hands if he is refusing

LondonlawyerJ :

http://www.ageuk.org.uk/Documents/EN-GB/Information-guides/AgeUKIG21_Powers_of_attorney_inf.pdf?dtrk=true

LondonlawyerJ :

Yes she is. If she was misled and tricked but it won't necessarily be straight forward as I imagine the nephew will not admit that he tricked her and her signature must be on the transfer document. The presumption is that she knew what she was signing and intended it. If there are any emails anywhere between her and the nephew these may help evidentially. Depending what the nephew says she may need to instruct a solicitor to get her property and money back.

LondonlawyerJ, Advocate
Category: Law
Satisfied Customers: 793
Experience: Solicitor with over 15 years experience.
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