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Thomas Judge
Thomas Judge, Lawyer
Category: Law
Satisfied Customers: 33052
Experience:  Over 25 years experience in law
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My Nan had dementia & changed her will 3/4 in her last years

Customer Question

My Nan had dementia & changed her will 3/4 in her last years due to my brother. In her final will she'd left the house to my brother & told us that he was to split it with me which he agreed to. At the time of her death he signed a piece of paper stating that I owned half the house & when sold I would receive my half. Three years on he's sold the property for 400k gave me 30k & told me I'm getting no more where do I stand in getting the rest of my half?
Submitted: 2 years ago.
Category: Law
Expert:  Thomas Judge replied 2 years ago.
When was probate?
Customer: replied 2 years ago.
About 3 years ago
Expert:  Thomas Judge replied 2 years ago.
Did you not raise an issue then?
Customer: replied 2 years ago.
No I didn't think my Brother would do this to my children & I. He led us to believe that when we came to sell the house he'd rightfully hand over my half. Then when the money cleared in his account he gave me 30k and said I'm getting no more.
He's basically just kicked us to the curb & keeping my fair share for himself.
Expert:  Thomas Judge replied 2 years ago.
The starting point will be to investigate whether the will was safe when your grandmother completed it - you will need to see the will and indeed look at the basis of who it was witnessed - it needs to be safe and by this a determination of whether she had dementia or not at the time. I think I would be minded to instruct a solicitor to write to your brother and put him on notice of your enquiries and potential claim - he may also want to make something called a P36 offer to exert pressure on your brother to settle. Happy to discuss. Please rate positive
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Customer: replied 2 years ago.
I'm going to find a solicitor then but does it matter what type? Would you be able to recommend anyone? I live in EN8
Expert:  Thomas Judge replied 2 years ago.
I think you need to finds someone who specialises in contested probate matters - I can not specifically recommend - but have a look here -http://solicitors.lawsociety.org.uk