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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 32177
Experience:  Over 5 years in practice
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My sister, bought my parents house many years ago,mother paid

Customer Question

my sister, bought my parents house many years ago,mother paid to have a flat built adjoining the property. some years ago my sister re mortgaged the property and got my mother{elderly} to sign the contract. she did not know what she was signing, my sister has accrued a large ammount of debt and has to sell the poroperty, the proprty sold last month for 215k the verbal agreement form my sister was she would pay mother 30k this was witnessed by four family members . she has paid her 10k and said thats it how do we stand on this please.
***** *****
Submitted: 2 years ago.
Category: Law
Expert:  JustAnswerKM replied 2 years ago.
Dear ***** Thank you for your question. Firstly, we must establish your mother's mental state and whether she has the capacity to manage this potential dispute. If she lacks the mental capacity, you will need to obtain a copy of your mother's power of attorney (enduring or lasting) and see who is authorised to act on her behalf to manage her financial affairs. If there is no power of attorney, you will need to obtain permission from the Court of Protection to litigate on behalf of your mother. If it is found that your mother lacks mental capacity and did at the time she signed the contract, you can use this as key evidence in any claim you decide to pursue.Once you have the authority to act on behalf of your mother, you can warn your sister that action in either the Court of Protection or Civil Courts will begin depending on the resolution you seek to obtain. Examples; Compensation for breach of contract on the grounds of undue duress or debt action for the promised full 30k or action against your sister for acting outside the scope of the Trustees Act etc. You and the witness family members must be prepared to give evidence to support any claim you decide to pursue. The answer in short is find out who can officially act for your mother, then obtain the authority and decide which course of action to take. Litigation is costly so before starting any action, you should obtain legal advice to know what your chances are of success based on the full facts of the case. I hope that helps. Kind regardsKM