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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Two family members approached their elderly mother on the pretence

Resolved Question:

Two family members approached their elderly mother on the pretence of getting her to make a will in their favour. They brought documents to her home for her to sign saying this was her will. she still at this moment thinks that she has signed will documents and wanted to change her will but the documents she signed were actually to give her home to them and this house is now registerd in their name. what can she do?
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts : Hello my name is ***** ***** I will help you with this.
Alex Watts : two matters are raised here
Alex Watts : 1) This is fraud. There has been a representation which is false and as such that is a criminal offence.
Alex Watts : This should therefore be reported to the police.
Alex Watts : 2) She can apply to court to have this changed. If the document she signed was materially different to the one she was expecting and in this case it is, the court can reverse the decision
Alex Watts : This is because she thought she was signing a will when in fact it was a house transfer.
Alex Watts : Therefore she can apply to the courts to have it transferred back.
Alex Watts : However she would need a solciitor for this given court rules and procedure. If she does have to pay legal costs and goes on to win, then these can be recovered.
Alex Watts : Can I clarify anything for you about this today please?
Customer:

thank you this has been very helpful

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