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Clare, Solicitor
Category: Law
Satisfied Customers: 34889
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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What is the legal situation in respect of my "legal charge"

Customer Question

What is the legal situation in respect of my "legal charge" on my mothers property which is to the value of £62k + 1% p.a. if my mother within the next 4 years or so had to go into a care home which is quite probable? And hence as we all know the local authority for west wiltshire (trowbridge) would with almost certainty seek her estate monies to pay for her care? The "legal charge" was put on the land registry 6 years ago as I suspect this may be of some importance.
I must stress these monies were not a gift to her as she fully appreciated that it must be payed back to me. £62,000+ is a lot to perhaps potentially lose!
A local solicitor has since told me verbally,indeed it is the one that generated the "legal charge" that any legal enforcement or document can be challenged. This I take to mean that my "legal charge" is likely to be challenged by our local authority. I find this very worrying!
For fairly obvious reasons please do not use my e.mail address if you need to contact our local authority because it contains my sirname thus revealing my postal address and my mothers. I don't want them ever involved hopefully!
p.s. where is citizens advice in trowbridge for cash donations as I expect they could do with some in respect of gov. cuts. Or online? Hope this gesture is appropriate!
Submitted: 2 years ago.
Category: Law
Expert:  Clare replied 2 years ago.
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
For clarity you gave your mother £62,000 in exchange for a Charge on her property is that correct?
Can you prove that the money was paid to her
Customer: replied 2 years ago.

Yes. I have bank statements which show all of the cheque payments I have made to her in order that she could purchase several properties from 1997 to 2004. Since 2001 she has lived in 4 properties her present one being the 4th. Surely you realise she has signed the "legal charge"?

Expert:  Clare replied 2 years ago.
I am aware that she has signed the Charge - the issue is whether you can prove that she received and benefited from the funds - and that the funds came for YOU originally and not from her via your account.
Assuming that you can prove that then the Charge will stand and will be payable prior to any funds requested by the Local Authority
I hope that this is of assistance - please ask if you need further details