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Buachaill, Barrister
Category: Law
Satisfied Customers: 10972
Experience:  Barrister 17 years experience
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IN 1989 my mother wrote the following on an envelope ( which

Customer Question

IN 1989 my mother wrote the following on an envelope ( which contained the descriptions of numerous antiques ) ' The descriptions of some of he contents of Carps Well Cottage which today I give to my daughter Judith Anne Walker with all other furniture furnishings and valuables at Carps Well Cottage Date 29th September 1989 ' The envelope was signed by both my parents and witnessed by solicitor . The transfer was then later referred to in witness statements made n by both parents in regard to a separate matter heard at Birmingham County Court. The items remained in the property in which my parents live which I then purchased in 1996. Does the signed and dated and witnessed document amount to an actual deed or are the items an incomplete gift and as such I do not have any right of possession
Submitted: 1 year ago.
Category: Law
Expert:  Buachaill replied 1 year ago.

1. Dear *****, the signed, dated and witnessed document amount to a gift in the circumstances and you are now owner and have been since 1989 of all the furniture, furnishings and valuables in Carps Well Cottage. The transfer was good and the solicitor who witnessed it knew what he was doing. This is a sufficient deed to transfer movables. It is not an incomplete gift as the document was signed and witnessed and the transfer was effected by delivery of the envelope to you. that was sufficient to transfer possession even if the items remained in your mother's possession until 1996, when you purchased the cottage.

Expert:  Buachaill replied 1 year ago.

2. As such, these items do not form part of your mother's estate, should she die. Additionally, your father has waived or signed away and interest he might have had to you by also signing the document. So, the envelope is sufficient to transfer the items to you and it did so in 1989.

Expert:  Buachaill replied 1 year ago.

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