How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Harris Your Own Question

Harris
Harris, Law Specialist
Category: Law
Satisfied Customers: 2292
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
90234221
Type Your Law Question Here...
Harris is online now
Law

My father signed over our morgage free family house to me 36

months ago and i became... Show More
months ago and i became the sole owner. I re mortgaged and built an extension on the side and have looked after my father up until his death 2 weeks ago. My estranged brother who has had nothing to do with any of us since my father signed over the house and before has now come forward and wants his share of my dads estate. The will has me as sole executar and beneficiary. We have been told by the will s solicitor that as i am the sole name on the deeds for the house and i have my own morgage outstanding on it that it is not part of my dads estate as it belongs to me. But that any other outstanding monies may be contested. Please can you confirm.
Submitted: 9 months ago.
Category: Law
Show Less
Ask Your Own Law Question
Harris, Law Specialist
Satisfied Customers: 2292
Experience: Family Law - Specialist in Divorce, Financial Relief and Children Matters
replied 9 months ago.

Hi, thank you for your question. Just a bit more information required to fully assist you:

-Did you pay for the transfer of property, if so how much?

-Who occupied the property after the transfer?

-What was the value of the property?

Customer reply replied 9 months ago.
Hi. I did pay for the transfer and i think it was by debit card but not 100% sure.
I live in the property with my partner and our two children with my dad in a purpose built extension(granny flat) on the side of the property.
The value was 130k before work.
Harris, Law Specialist replied 9 months ago.

Thank you - did you pay for the property or was it "gifted" for free by your father?

What was his intention for the transfer and did he pay you rent?

When was the granny flat built?

Customer reply replied 9 months ago.
It was gifted by my father for me. The intention was so we could get the property extended and look after him so i re mortgaged and had the property extended with a purpose built granny flat ie walk in wet room with handles and seats etc. We live in the main property.
Harris, Law Specialist replied 9 months ago.

Thanks for confirming. Firstly, as the property was gifted to you in the 7 years prior to his death and he continued to benefit from the property, this should form part of his estate.

Your brother has a right to pursue an application for "reasonable provision" from the estate, but to be successful he will need to prove that he is in need or was financially dependent on your father. The court takes into account the following criteria when deciding on such claims:

  • Your brother's present and future financial needs and resources.
  • The present and future financial needs and resources of any beneficiary of the estate.
  • Your father's obligations and responsibilities towards your brother and towards any beneficiary under the will.
  • The size and nature of your father's estate.
  • Any physical or mental disability of your brother or beneficiary.
  • Any other matter (including the conduct of your brother or any other person).

For your information, an adult son cannot simply claim that, as a child, he expected to inherit. He would have to show that he was in financial need and that there were special circumstances. These might be that the deceased made promises to him or behaved towards him in a way that implied he felt some additional obligation towards him.

Even then, the smaller the estate relative to the competing claims, the less likely his claim will succeed. And if, for example, the deceased has explained in the will or in a separate note why nothing was left to the applicant, this can be taken into account – although the court is not bound to follow the deceased's wishes.

I hope this assists you. If you found this information helpful please provide a positive rating using the stars at the top of this page. I will not be credited for answering your question without a positive rating. Thank you

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Previous | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice