Ask an Property Solicitor. Get an Answer ASAP.
Good afternoon, my name is ***** ***** I am a solicitor of 15+ years experience with contentious matters. I need to ask you a couple more questions to advise you fully.
Can you tell me if legal proceedings have been issued already or if not, what stage are you at with your solicitor?
Is your brother stating there is another will or something in writing that says differently?
Did you brother put his name on the property deeds before or after your parents passed away?
Also if there is any other information that you may consider useful, please let me know.
Please note, this is not an instant messaging service and I may not be immediately available to respond when you reply, but I will reply as soon as I am able.
I am afraid I cannot speak on a call at the moment. If you would prefer to speak to someone I can opt out of this, or we can continue on the chat screen
Can you please let me know what the property is worth and what evidence your brother has produced in the course of legal communications?
Also, do you know how, why and when he was put on the deeds of the property? i.e. was the property in all 3 names jointly?
I do have to go offline now as I have a meeting, but I will be back on in an hour or so if you wish to provide as much information as you can (do not include personal details) I will reply when I come back. Thank you.
Hi thank you for your patience, I am a solicitor in England and Wales and I am very sorry to hear of your situation. It is puzzling why your brother is not disclosing the Will because if you are just the two of you and if you are able to chanllenge the transfer to him of the property then under intestate rules you would inherit 50/50 in any event. Probate can really end up very costly and because he has money he is going to continue fighting in the hope you give up. The difficulty you have is with proving that the transfer was not legitimate. If it was done not long before your parents passed on then that can be suspect but if it was a lot earlier you will really struggle and regrettably evidence is key in any litigation matter. If you cannot prove the transfer was not forced or a fraud then you would at most be looking at getting half of 2/3 if all three names where on the title or 1/4 of the value of the property if he had 50% equity. If he went all the way to have 100% share transferred to him regrettably he could be unreasonable and refuse to give anything.
Any clarification do not hesitate to send your follow up message. All the best.