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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70185
Experience:  Over 5 years in practice
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The Master has finalised a bill fees

Customer Question

The Master has finalised a bill for solicitors fees for the other sides costs - original bill was £62,000 brought down to £59,000.
I am a pensioner living in my own bungalow with savings to be left with my children and grandchildren. Can I give my grand/children their share now including signing over my bungalow to my daughter who has to give up her flat to stay with me. As this amount of money will leave nothing for my family.
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
What is this bill for please?
I will respond in the morning if that is ok?
Customer: replied 2 years ago.

The bill is for probate costs including contesting Will etc. Also for over turning my original win of paying no costs.

Customer: replied 2 years ago.

Have a good night Jo, hopefully correspond with you soon

Expert:  Jo C. replied 2 years ago.

If the court has ordered you to pay these costs as part of some failed litigation, and the solicitors who are due the costs are chasing you for the money, then transferring the property to a third party will not mean that it is safe unless you transfer it to someone that you don’t know in the normal sale and that you sell it at full value.

If you do sell at full value obviously you will then have money and they can then pursue you for the money as opposed to the property.

It is possible to transfer property to relatives without them buying it but before the property is safe from creditors (because that is the situation here) it has to be transferred for 5 years if the transfer is to a connected person. It can be given away to an unconnected person but must still have been transferred for 2 years before it escapes the clutch of creditors

I appreciate this answer is unfavourable for you which I’m sorry.

Can I clarify anything for you about this?

Jo C. and 2 other Law Specialists are ready to help you
Customer: replied 2 years ago.

Dear Jo

Thank you for your reply, but I am not sure if you mean after transfer to a relative is complete, it should be owned for at least five years before creditors can pursue my mother.

Expert:  Jo C. replied 2 years ago.

What I am saying is that if the property is sold/transferred to a relative on the relative acquires it for anything less than the full market price (pays for it) then the sale/transfer can be set aside and overturned if the person doing the transfer has done the transfer and subsequently goes bankrupt and has done the transfer to avoid paying creditors.

Is that clearer now?

Customer: replied 2 years ago.

Ok, originally, my mother was told the case and any outstanding fees were not her concern as she had won. Whilst my mother was in and out of hospital & moving to a smaller home (she is 74), the other side went to court and over turned the original ruling hence these fees (my mother was not represented in court). Is my mother able to go to court and contest what has gone on in her absence.

Expert:  Jo C. replied 2 years ago.
From what you say it seems that the other side went back to court on appeal. Their appeal was successful which is why the original order was overturned and this order was made against her. She can go to the House of Lords to have them consider the order of the Court of Appeal and possibly overturn it
Customer: replied 2 years ago.

A glorious thank you for your answer.. this is the road we are aiming o take but.....................how long can this take to conclude and approx. how much can this cost?

Expert:  Jo C. replied 2 years ago.
Getting to appeal could costs £10k or even more if you lost but you would get costs paid by the loser if you win. it could be in court in a few months. You need to apply for appeal as soon as possible and within 21 days of the judgement or you need permission to appeal out of time