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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 am trying to find out a legal matter referring to the

Resolved Question:

I am trying to find out a legal matter referring to the property of my late mother. My brother had his name added to the title deeds back in 2005. I have since found out that the solicitor who did the legal work has been struck off. I want to know if I can take action against my brother and the solicitor
Submitted: 1 month ago.
Category: Law
Expert:  F E Smith replied 1 month ago.

May we have as much background detail to this transfer to your brother’s name as possible please?

Customer: replied 28 days ago.
Hello.In 2005 my brother managed to put his name on the title deeds to our mothers property to be on the deeds with our mother. When I found out years later my brother had done, he had verbally told me he did as he was under the impression by the Labour Government (at the time) were going to implement a new Law stating "if any elderly individuals required care and owned a house they would have to sell the house to pay for the care" or something to that effect.I want to know why the solicitor Mr Trivedi never contacted me about my brother putting his name onto the title deeds as this would automatically have an impact on my share of the inheritance upon our mothers death. Surely Mr Trivedi should have asked me to sign a legal document that would illustrate that my share would be reduced from 50% (as stated in my mum's Will) to only being 25% and the document should ask me "if I sign then I'm OK with this". I didn't receive any kind of legal document at all. Also Mr Trivedi failed to suggest to my mum to update her Will to state the new changes. Her Will is dated 1988 and had not been updated - even after the birth of both her grandchildren 1987 and 1988 respectively.In the June 2005 my brother got married to an old flame who lives in Poland. He now (since my mum's death in 2014) spends the majority of the calendar year in Poland and not in the property of my mum's which he moved back into in 1989 after his first marriage breakdown.Is there anything I can do about this? Has Mr Trivedi failed to provide good practice, in terms of asking my brother if he has siblings as it would have an impact on their inheritance, and for failing to advice my mum to update her Will after my brother put his name on the title deeds (along side my mum's name) to show the changes?Thank you for any information you give.
Expert:  F E Smith replied 28 days ago.

if your mother was simply transferring the property or part of the property or adding your brother to the deeds, he is not under any duty or obligation to contact every family member to advise them of what is happening unless he suspect this your mother did not have the mental capacity to enter into the transaction.

As this happened 11 years ago, then unless there is an element of fraud or some kind of coercion, whereby your mother didn’t understand what she was doing, I’m afraid the chances of you contesting this are going to be remote.

Customer: replied 28 days ago.
Hi there,
Even if the Solicitor has been struck off?
Expert:  F E Smith replied 28 days ago.

It doesn’t matter whether the solicitor has been struck off or not. It would depend on why the solicitor was struck off .

It may have been nothing to do with this.

If there was fraud, there is no time limit

F E Smith, Advocate
Category: Law
Satisfied Customers: 8445
Experience: I have been practising for 30 years.
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