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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 9339
Experience:  I have been practising for 30 years.
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There, I was hoping you could help. My father passed

Resolved Question:

Hello there,
I was hoping you could help. My father passed away recently. My mother depended on my father for absolutely everything. The family home has had to be sold and my mother gave money to my brother to help purchase a house as the new family home.
He is trying to kick her out and she has no where to go. She has said that he would give her half of what my mother gave him in the first place. She has Nowhere to go. He made her sign something but she doesnt know what it was. As I said she is very fragile and already suffers from severe depression amongst other things.
Is there anything we could do? I.E get ALL of the money back plus an uplift on any profit he makes through selling the family home?
I hope to hear from you soon.
Thanks
Angela
Submitted: 1 year ago.
Category: Law
Expert:  F E Smith replied 1 year ago.
How long ago was the house purchased? Is there a paper trail of the money? Why was it purchased in your brother’s name? Has she asked or have you asked for a copy of this document?It would really help me if I had as much background as possible please
Customer: replied 1 year ago.
Hi there,The house was purchased last September. There is bank transfers of money leaving my mums account to my brothers. My brother retained the document unfortunately. She doesnt even know what it was..! I have asked her to see if she can try and get a copy. My mum's is not highly educated and is very fragile. Could we talk on the phone?
Expert:  F E Smith replied 1 year ago.
We are able to talk on the phone if you wish. I will submit a Premium Service Proposal for you for which there is an extra cost. You can accept that or leave it till later if you wish.Meanwhile, if he will not let your mother have a copy of the document, you might want to get a solicitor to write to him telling him that unless he produces a copy of the document, you will make an application to court for pre-action disclosure. He will then have to produce the document and pay the costs of the court application.Your mother needs to register a restriction on the property for it not to be sold without her consent on the basis that she has an extremely substantial financial interest in the property by virtue of the fact that she contributed the whole of the purchase price.If solicitors were involved acting for your mother as opposed to your brother in respect of this purchase, there may be a claim against the solicitor for failing to advise your mother that she should have a right to occupy the property for life registered in the title. I imagine that your mother did not have solicitors and she simply gave the money to your brother.It would not be possible to get the transaction reversed and get the money back once it has been parted with.Your mother presumably gave your brother the money on the basis that she could live in the property for life. If this was promised to her, there is a legal doctrine called Promissory Estoppel where, if you’re brother has promised her that and she relied on promise to her detriment by giving him the money to buy the house, he is stopped from going back on the promise. All this can be dealt with by the solicitor.Until you get the document which your mother allegedly signed, it is impossible to know what is in it but even if it is some kind of document whereby she signed away her rights to live in the house and any financial interest, she can always say that she signed it under duress or without actually knowing or understanding what it was particularly if you’re brother simply thrust it in front of her and asked her to sign it.There is an excellent chance that your mother will be able to continue to live in the house for the rest of her days.Can I clarify anything for you?Please do not forget to rate the service positive. It’s an important part of the process so that experts get credit for their time.Best wishesFES
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Customer: replied 1 year ago.
Thank you - your response is very helpful. I will go back to my family and let them know and we'll decide what the next steps will be

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