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Harris
Harris, Law Specialist
Category: Law
Satisfied Customers: 2739
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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My father signed over our morgage free family house to me 36

Resolved Question:

My father signed over our morgage free family house to me 36 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: 1 year ago.
Category: Law
Expert:  Harris replied 1 year 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: replied 1 year 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.
Expert:  Harris replied 1 year 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: replied 1 year 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.
Expert:  Harris replied 1 year 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

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