Are you happy to give her the £30,000 and is there any kind of condition when she eventually dies, that £30,000, or whatever she does with it, comes to you? it would appear that you are.
Is there a restriction on the property preventing you selling and giving your mother the right to live in the property? if there is, she would need to sign the appropriate form to release that. The conveyancing solicitor dealing with the sale would sort that easily.
What exactly is the declaration that she is seeking? A declaration that you will give her the £30,000?
If so, then thatis easy to deal with. She doesn’t need a declaration, all she needs is an undertaking from the solicitor to pay her £30,000 the sale. She doesn’t need a formal document, the solicitor’s letter simply needs to say “we undertake to pay you £30,000 on completion of the sale of XYZ property, from the sale proceeds”.
A breach of the solicitors undertaking is a very serious disciplinary matter and solicitors will not give undertakings lightly.
It’s also essential that your mother takes legal advice on the effect of what she is giving up and at the same time, the solicitor she sees and advise her the wording of your solicitors undertaking to her.
Can I clarify anything for you?
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Thank you. In which case, the solicitors undertaking to pay you from the proceeds of the sale is sufficient. She is unlikely to believe that unless she hears it from another solicitor because she is giving up other rights, it is essential that she takes legal advice anyway so that she can’t say that pressured her into doing this.
I know there is no pressure from either side you don’t want someone coming forward at some stage in the future to say that there was pressure and hence, it is essential that she takes legal advice.
I’m absolutely astounded that you can get a solicitor to simply stamp your own letter because the solicitors stamp is of no effect from your mother’s point of view.
In any event, if your mother is taking advice, the letter from you would not be acceptable. People Renege on agreements all the time. Solicitors undertaking cannot be reneged upon.
If your mother can’t speak or write or understand English, then the whole thing becomes much more complicated and it needs to be a certified translation of the document or transcription of the advice she reads.
There is no problem giving you the wording of the letter to her to say that will pay this money on completion but if you don’t pay the money on legal completion, it gives her a problem. It may be that she is happy to take your word for it, in which case, it begs the question as to why she wants the letter in the first place. The solicitors stamp is of no effect.
The only way of guaranteeing that she gets this money is the solicitors undertaking which I have already advised you on and that would be provided by the solicitor that does the conveyancing and there would be no cost for that.
This is really straightforward .
Your solicitor acting on the sale gives her an undertaking.
She takes legal advice on the agreement to sell the property and move out and take the money and the undertaking.
That is all that there is to it.