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 JGM Your Own Question

JGM
JGM, Solicitor
Category: Law
Satisfied Customers: 10092
Experience:  30 years as a practising solicitor.
31090051
Type Your Law Question Here...
JGM is online now

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: 5 months ago.
Category: Law
Customer: replied 5 months 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 5 months 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 5 months 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 5 months 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 5 months 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 5 months 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 5 months 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 5 months 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 5 months 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 5 months 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

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
< Last | 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