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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11137
Experience:  30 years as a practising solicitor.
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My father died a year and a half ago,shortly after

Customer Question

Hi ,my father died a year and a half ago,shortly after his death my mother verbally agreed to give my brother half the family farms she now sees it was not the right thing to do,but my brother is about to push for her to make the deal or take her to court,there was no paper work done and she was not of sound mind after losing my father Regards Steven

Submitted: 2 years ago.
Category: Scots Law
Expert:  JGM replied 2 years ago.
Thank you for your question.
Your brother has no chance whatsoever of winning a court case against your mother.
A verbal promise in relation to heritable property, which includes all land and buildings, is absolutely unenforceable under the law of Scotland. If there is no agreement in writing there is no agreement.
Happy to discuss further.
I hope this helps. Please leave a positive response so that I am credited for my time.