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Joshua, Lawyer
Category: Law
Satisfied Customers: 26070
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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After my Father died he willed the property to my uneducated

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After my Father died he willed the property to my uneducated non-english speaking elderely mother. The property had a Mortgage of £88,000 but my Mother was a house wife so she couldn't get Mortgage. 2 of My brothers agreed to Mortgage the property instead but promised the House would remain moms. Now 11 years on we find one of them is wanting 1/2 the property and will not acknowledge my MOthers ownership. He is our eldest brothers and we are a Muslim family so he betrayed our trust. The other Brother who has the other half is wanting to give the Deeds back to Mom. What can we do?

Hello and thank you for your question. I will be very pleased to assist you. I'm a practising lawyer in England with over 10 years experience.

  1. May I refer to your brothers as A and B for ease? If you are content to do so can we call A the "nice" brother and B the non cooperative brother?
  2. I assume as part of the mortgage the property was transferred into your brothers joint names as this was required by the mortgage lender?
  3. If so did your mother sign a Deed of Gift in addition to a tranfer deed or were there any provisions in the transfer deed that she gifted the property to you brothers?
  4. Has either A or B made any capital contributions to the property - i.e. paid anything towards it other than any maintenance or outgoings?
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Customer: replied 10 months ago.
Thanks for your Prompt Response Joshua,Yes we can have Brother A and B as mentioned.The Executor of the will was Brother B who is the Eldest. He took Mom to a Broker and Solictor and got her to sign something in order to remortgage the property along with another which Brother A and B had a Mortgage on. They said it would be hard to manage 2 seperate payments and would be easier to pay after Remortgaging into one Lump Sum Payment; as the other was a commercial property gifted to them by father with a Mortgage £125,000 on it (This was gifted in the trust that they would distribute the proceeds according to Shariah once sold - this is another property so I will ask about this next)! My Moms property and commercial property were Remorgaged under my moms property so the value would be less. However in Title/deed my moms name doesn't exist; only my 2 brothers.If my mother did gift it she had no idea, she was told the house would remain hers and they were only payign Mortgage as mentioned by Brother B.Brother A has been looking after Mom and whole family in the Property which should belong to Mom and has been managing repayments and is the only one paying them. We as a family use the property and have been maintaining and renovating it through out the years since Dad passed with no contribution from Brother B; as our mother lives there. Brother A have been maintaining both family properties and paying Bills etc. Brother B only has letters coming and lives with his wife elsewhere.The Property which was willed to my mother was only contributed to by my Father and after him Brother A maintained and payed the Mortgage. Also after the Remortgage we expected some money to fix the house to insulate it etc for my Mom and us as were were living in it however Brother B didn't give us a Penny and coincidentally at the around the same time he mortgadged a 3 bedoroom flat in Dagenham and put it for rent while killing off loans he had but not ours... we found out about his house later.All the problems started happpening when we (4 brothers and 2 sisters) asked the other two to make a trust of deeds. Brother A agreed but B demanded £150,000. We said we can't pay as it's not his right so he said he is now taking Half. Now he has sent a severence letter to say he no longer wants to be part of a Joint mortgage and we had a letter from Land registry.

Sorry for the delay in reverting to you. I have been on a long phone call. Is it convenient to call you in the next few minutes or is there a better time later?

Customer: replied 10 months ago.
Thanks again Joshua for your assistance in this matter. We have now found out the Will is Forged by brother B and he named himself the Executor! We want to press fraud charges in hopes of scaring him into doing the trust of deeds instead. Just some questions on this1) If he did forge it with the help of an old family friend who happens to be a retired Barrister; what will the consequences of this forgery to him, the witnesses and the Barrister who helped him forge it? If we trial Brother B for confidence fraud on large scale, will the others who helped him do it be affected?2) If the will is forged will my mother be the main beneficiary and the children next? my father left Property A worth £240,000 at the time with £88,000 Mortgage and he invested in a commercial property B which with Brothers A and B having the mortgage on it. Does this mean everyone, my mother, brothers and sisters now have a share in the property?3) Can my fathers brothers and sisters claim to his investments or is this only in the case where we had no wife and children?4) We know brother B who forged a Will later remorgaged the properties and used the money acquired to invest in another property himself. Can we now have a claim to that property which he tried to hide from us or ask him to re-imburse they ammount with the inflation added?5) Can you recommend a lawer who charges a reasoble rate as I went to Rusell Cooke and they was charging around £3000+ saying if it goes to court it will be 10;s of thousands, is this the usual rate? We and the properties are based in London. If we do go with the which charges will my brother have to pay if he fails to defend himself?I am hoping it doesn't have to go that far but I am covering all my bases at the moment!Thanks again for your assistance.

Thanks for the above. This is obviously a very serious discovery and adds a new dimension both to what we discussed yesterday and in respect of the commercial property. Generally I am very happy to assist with any follow up questions without further charge (within reason) but this is very much a completely different area to that which we discussed yesterday and is likely to require significant additional discussion. Are you content to agree a further fee for a further telephone call or written response as you prefer? Notwithstanding this I can certainly assist you with all of the above questions and generally. Do let me know if I can help further.

Customer: replied 10 months ago.
Hi Joushua,Yes I am happy with additional charges. I am currently at work so can't take calls right now but will be able to after 5. Written responses preferred as I can show brother A the details as well.
Customer: replied 10 months ago.
Do I need to raise this as a new question for charges to be applied or can you charge me now?

Are you able to let me have your email address - I will drop you a mail?

Customer: replied 10 months ago.
sure, email is***@******.***

Many thanks

Customer: replied 10 months ago.
Just want to add the witness and the Barrister thought they were helping my brother out of a difficult situation as he said we can avoid inheritance Tax if there was a will but we find out now that he actually forged it and unfortunately not sure what the Barrister will do as he did it to help a friends Son in need but is now tied up in this mess along with the fake witnesses...

Thank you - noted