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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 10239
Experience:  I have been practising for 30 years.
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My father can't read or write very well and he is addament

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My father can't read or write very well and he is addament he did not put someone on the deeds to his house but she is on the deeds what can he do

Could you explain your situation in a little more detail please?

Customer: replied 7 months ago.
This women moved in with my mum and dad when her husband died then 2 years later my mum died . There are 4 girls but she has made it hard for all of us so two of my sister's don't see dad my other sister sadly died 2 years ago. This women told me that dad had made a will he had left her half the house and the other half to us 4 girls.the other day my dad said he wanted to change his will I told him to go change it then .I went to see my dad and he was so upset the solicitor told him he had left everything to her and if he wanted to change the will they would have to contact her as she might want her half the house now my dad did not understand what she was on about.she moved out March 2016 she told me that she had asked dad to put her on the deeds but he would not upon this happening I have checked and her name was added to the deeds in 2005

If you do not already have the deeds to your house, you can get them from this link:!ut/p/b1/04_SjzS0tDQwMTIxMjLXj9CPykssy0xPLMnMz0vMAfGjzOKNjSxMDA1NjDwsjM3MDTxN3dyNDUNMjQ1MjPWDU_P0c6McFQH3SLFU/

they cost 3 pounds. Once you have the deeds, you will see whose name they are registered in and the date of that registration (2005). You can then ask the land registry to send you a copy of the transfer deed from that date which will be the one which move the property from your father sole name to joint names.

You will then be able to look at the signature to see whether resembles your fathers.

As this was 12 years ago it may be that he can’t remember although if the property was in his name, he would have had to go to see a solicitor to submit the application (unless he was legally aware which seems unlikely from what you have said) so you also need to know from the land registry who submitted that application back in 2005. If it was solicitors, then go back to those solicitors but if it was this individual, then it becomes a police matter because it’s fraud.

With regard to what your father was told about changing his will, that if he wanted to change his will they would have to contact her is not correct. He can do what he likes with his will and she does not have to be contacted.

If she is not named on the deeds but she has lived with him for a considerable number of years and contributed to the property during that time (not just paying rent but actually contributing to the fabric of the house) she may have a financial claim against the house which I think is what the solicitors referring to but that’s nothing to do with his will.

Can I clarify anything else for you?

Please take a moment to look at the top right hand corner of the page and rate my service by clicking one of the stars at the top of the screen. It’s important you use the rating service because that gives me credit. It doesn’t just give me a pat on the head! All you need to do is press Submit. Thank you. If you still need any point clarifying, I will still reply because the thread does not close.

Best wishes.


Customer: replied 7 months ago.
I have done the check and she is on the deeds I think I need to go to a solicitor as the other solicitor told my dad she might want her half the house now and he is 85 years old and it's making him I'll

Her wanting her half of the house now because she is named on the deeds is a different matter from him leaving it to her in the will.

Have another look at the deeds and see if there is a restriction, “no disposition by a sole proprietor……etc”, because him that restriction is in there it does mean that your father’s half share of the property (notwithstanding any potential dispute) is ring fenced and will pass within the terms of his will.

If it is not in there, if your father dies, she gets the total property. If it is not there then he needs to give her a letter referring to the property and saying that he hereby severs the joint tenancy. He then sends land registry form SEV to the land registry which will put the restriction in. It’s essential that he does that as soon as possible.

I can’t add any more to the transfer of the property to put her on the deeds without knowing a little bit more about whether the signature looks like his or not and whether solicitors made that transfer for him back then.

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