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Buachaill
Buachaill, Barrister
Category: Law
Satisfied Customers: 10456
Experience:  Barrister 17 years experience
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My brother arranged with his solicitor that my father transfer

Resolved Question:

My brother arranged with his solicitor that my father transfer property to him, 20 years after my father died. The legal documents are signed and witnessed by a solicitor. What action can be taken to make this transaction void and make those who committed the fraud held responsible?
Submitted: 1 year ago.
Category: Law
Expert:  Aston Lawyer replied 1 year ago.

Hello and thanks for using Just Answer.

My name is ***** ***** am happy to assist you with your enquiry.

Could you please give me a little more information-

when did the Transfer take place?

Who was meant to inherit your Father's property?

Was your brother the Executor of your Father's Will (if he left a Will) or the Administrator of his Estate (if your Father did not leave a Will)?

I look forward to hearing from you.

Al

Customer: replied 1 year ago.

Hello,

My name is***** required more info

when did the Transfer take place?

2002

Who was meant to inherit your Father's property?

The disputed property concerns a house with l half an acre of land. The illegal transfer concerned the adjoining land. My brother built a house there in 2003. He died in 1978 without making a will. therefore his five children ought to have inherited it between us

Was your brother the Executor of your Father's Will (if he left a Will) or the Administrator of his Estate (if your Father did not leave a Will)?

Neither is the case as my father's estate was only recently probated, 2013 as I am trying to sort this out.

I look forward to hearing from you.

Expert:  Aston Lawyer replied 1 year ago.

Hi Mary,

Thanks for your reply.

Are you 100% sure that the land on which your brother had built his house was registered in your late Father's name?

How come it has taken so long to deal with your Father's Estate?

I look forward to hearing from you.

Al

Customer: replied 1 year ago.

Yes... I have the Folio and map. My sister still lives in the property and we all agree she has a right to do so. She lived there with my other brother, who has since died (in 2013) all her life.

In 2012 my brother started to extend the house he built in 2003, encroaching further into my dead father's land without permission. It was then I decided to act. I have sought legal advice during that time and my solicitor tells me that I should accept what my brother Frank offers. He will withdraw from his 2012 encroachment.
That is all.

I and my other brother will have to pay the legal fees, including the probate for both my father and my dead brother.

My brother Frank is insisting on retaining his right to inherit his share of the family home when my sister dies.

I want this sorted out from my children.

I am shocked and disappointed that there seems to be no action that can be taken against the solicitors who created and collaborated with this fraud.

It is also my understanding that the solicitor in question acted for both parties i.e. he acted on behalf of my brother and also on behalf of my father. I believe this is illegal but I do not know what recourse I have ?

My solicitor currently advises me just to let it go

Expert:  Buachaill replied 1 year ago.
1. There is no time limit on fraud. So, as current executor of your father's estate, you should initiate proceedings against your brother and seek to set aside any transfer to him. You should also sue the solicitor who assisted him with this fraud, as the solicitor will have insurance cover and you will be able to make a claim on this insurance policy. Be aware that both yourself and your other brother will be able to obtain repayment of any fees you incur from the estate of your late father, as the legal action will be taken in the name of the estate and should you act in the name of the estate, then the estate will pay the legal costs. In essence these legal costs will be taken out of the one-fifth share your brother would have received had he behaved honestly and not intermeddled in the estate.
Expert:  Buachaill replied 1 year ago.
2. The attitude of your solicitor is incorrect. You should not let it go. As there is no time limitation preventing an action to rectify the fraud engaged in by your brother.
Buachaill, Barrister
Category: Law
Satisfied Customers: 10456
Experience: Barrister 17 years experience
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