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JGM
JGM, Solicitor
Category: Law
Satisfied Customers: 11681
Experience:  30 years as a practising solicitor.
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In Scotland what is the break down of what makes gifting a

Customer Question

In Scotland what is the break down of what makes gifting a house legal and more specifically what can make it void? Please.
Submitted: 1 year ago.
Category: Law
Customer: replied 1 year ago.
Also if a person gifted a house where the title deeds were in his first wife's and his name then she died. Took another wife, then gifting to a sibling took place and didn't declare he was married (although separated where his second wife left the martial home some 3 years prior to the gifting when he signed the gift over can this be enough to challenge legally and get the house taken back into his estate when the he died intestate.
Expert:  JGM replied 1 year ago.

In general terms anyone is free to gift a house. The main exception is that if a person is made bankrupt and makes a gift at any time 5 years before bankruptcy to a connected person, the trustee in bankruptcy could challenge the transaction. The scenario you describe is perfectly valid. The man owned the house outright on th death of his first wife. His second wife had left him for a period greater than two years so she no longer has occupancy rights in the house nor did she ever share the title to the house. The man transfers to his sibling during his lifetime. Then he dies. The sibling owns the house. That is unchallengeable by the estate. I hope that helps. Please leave a positive rating so that I am credited for my time.

Customer: replied 1 year ago.
Maybe I need to explain better.... Second wife was not out of the house more than two years when he gifted the house to two sons. He did this as he was scared he would have to sell the house if his separated wife made a claim. The sons were supposed to sign it back to him when he felt more comfortable by verbal agreement. 3 years later One son died some 9 months before the father and although the past away dead sons wife new it was too be signed back she now refuses to do so. Please answer first question in full and this one with the further clarity given thanks
Expert:  JGM replied 1 year ago.

I'm not sure that I can answer this in a way that would give you the remedy that you want here. The fact is that he transferred the house to the sons and this wasn't undone before he died. A verbal agreement is meaningless in the law of Scotland where houses are concerned. Contracts and agreements have to be in writing. So if something was supposed to have happened, ie, the house was to be transferred back and it wasn't transferred back and there is no written agreement that it was to be transferred back, then there is no legal right or obligation for it to be transferred back. The estate would lose any court action if it tried to claim the house, I'm afraid. This man has taken steps to protect his house from his estranged wife and he has succeeded.

Customer: replied 1 year ago.
I am requesting clarity on what grounds a gift of a house can be challenged or made void. Was it legal for the man to sign over the house to the adult siblings for fear of his wife perusing a claim? And telling the solicitor at the time he was doing it that his wife was dead? This was witnessed, the whole family new it was supposed to be signed back and he spoke of it often. Then the widow of one sibling admits it was to be signed back but for her she says it's a it's a life changer and won't do it?
Customer: replied 1 year ago.
Give me the clarity please or refund my money as the answer you gave respectively can be found on the web. I need the legal references or at least where to find them. I am the other son and just returned home to see this and much more my late brothers wife has been doing in the last seven months.
Expert:  JGM replied 1 year ago.

You have your answer. I can't add anything more. I can't invent the answer that you want. The man owned the property. He decided to transfer it to his sons. He was entitled to do so. What he said verbally is totally and completely irrelevant. A contract involving a house must be in writing. You can go to a reference library and look up any book on property law and it will tell you that. Start with Professor Hallidays book if you want a legal reference. Then look at Professor MacDonald's book or Professor Walker's book. The law on this is several hundred years old! And yes it probably can be found on the web, I don't know. This transaction, entered into freely by your father, cannot be challenged or made void from the information you have given me.

Customer: replied 1 year ago.
I go back to the first question asked that you haven't answered. In Scotland what specifics need to be qualified to gift a house legally, what can void the gifting, when can it be challenged? I take it this is simple and can be listed by category in reply please?
Expert:  JGM replied 1 year ago.

1. The person has to be the owner of the house. 2. The person must be sane and not inhibited by any court order or bankruptcy. 3. It can only be challenged in the circumstances outlined in 2.

Customer: replied 1 year ago.
Please see a lot of time taken and my questions not answered in full. Please see this is not as requested or advertised and refund my money cancelling my free period also with no further deductions. Thanks but no thanks