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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 9353
Experience:  I have been practising for 30 years.
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My husband is holding letter of adminstration letter of his

Customer Question

My husband is holding letter of adminstration letter of his mothers estate. The property and business was bought by my husband in about 40 years. For business and immgration reasons my husband put his father name on freehold property. When his father died in 2004 he adviced solictors to put property in his mothers name. whole family lived in the property and worked in the business. All the expences were taken out the business - which was making minimal profit. My husband orchastaor the business and my husband was forced to loan the money and he was only person worked out side and put money in the business.
All along there was verble agreement between my husband and mother that the effectively property belong to my husband. my husband had beficial interest all long. Two of the siblings are changelling and want share of the estate. Can you please tell me how strong his case. thank you
Submitted: 8 months ago.
Category: Law
Customer: replied 8 months ago.
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Expert:  F E Smith replied 8 months ago.

What proof does your husband have that he bought the property and the business 40 years ago?

You say “for business and immigration reasons”. Please explain.

Customer: replied 8 months ago.
completion statement of business and property, organising loan agreement with vendor. They came from kenya so his father and sister wanted to prove that they invested in business in this country. So it became easyer to for his sister to stay in uk with family.
Expert:  F E Smith replied 8 months ago.

If your husband has proof that he paid all the money in respect of the purchase of the property the business and that no money came from anywhere else, and that proof is sufficient to satisfy a court (if it got that far) then there is no claim to be made by the other two siblings.

My suggestion would be to send them a copy of the initial purchase documentation telling them that whilst the property may have belonged on paper to his mother and father, they did not provide the purchase monies and hence held the property on trust for your husband.

The claimants may be able to argue that the father and mother held the initial purchase price on trust plus any increase in value attributable to property rises but if mother and father promoted the business, that they would be entitled to some of that goodwill.

However, if husband is the administrator of the estate and he is not inclined to let them have anything, they’re going to have to take him to court and the court will have to decide the issue.

Can I clarify anything else for you?

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Best wishes.

FES.

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