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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 8445
Experience:  I have been practising for 30 years.
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I inherited a property from my late father in 2005 In the

Customer Question

I inherited a property from my late father in 2005
In the will there is a request to me to allow my mother to remain in the house for the remainder of her life or until she wishes to do so
Mother is now elderly and wants to move in with her son allowing me to sell my inherited property
Mothers conditions are that i give her £30,000.00 upon sale of this house she wants a declaration letter stamped by a solicitor from me before she moves out allowing me to proceed with the sale
Could you help with what i need to write in this declaration letter
Submitted: 1 month ago.
Category: Law
Expert:  F E Smith replied 1 month ago.

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?

Please rate the service positive. It doesn’t cost you anything but helps me greatly.

We can still exchange emails. Best wishes. FES.

Customer: replied 1 month ago.
Thanks for your reply
I haven't started the sale
I will only do that when she moves out
She will only move out with a stamped letter from me declaring that i will pay her £30,000.00 upon the sale
What she does with that money is not my concern
She only wants a letter
Expert:  F E Smith replied 1 month ago.

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.

Customer: replied 1 month ago.
There is no pressure from either side
She just wants a legally binding declaration in the for of a letter
To save money and time i wanted to write the letter myself and get it stamped by a solicitor
Could you help me with what i need to write?
I've spoken to several solicitors on Friday they've all told me i can prepare the letter myself and just pay for the stamp
I need help on wording
Also mother is unable to attend the solicitors due to her being elderly and also not being able to speak write or understand English
Customer: replied 1 month ago.
She has no rights on the property apart from Dad requesting me to let her live there if she wishes to do so
I don't mind giving her £30,000
She's elderly she can't live on her own in that house and no one wants to move in with her
My brother has decided to look after her and she has agreed
She wants this money for financial security for her future
Once I've paid her the money is not my concern
Expert:  F E Smith replied 1 month ago.

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.

Customer: replied 1 month ago.
She won't move without a letter
I don't want to put the property up for sale without her moving first
She feels she should have a share although her share is not mentioned in the will but I'm happy to pay her upon sale
At the moment we can't move on without a letter
Customer: replied 1 month ago.
I can only have a conveyancing solicitor once i have a buyer

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