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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.
My name is***** required more info
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
Neither is the case as my father's estate was only recently probated, 2013 as I am trying to sort this out.
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?
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