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Stuart J
Stuart J, Property Solicitor
Category: Property Law
Satisfied Customers: 24620
Experience:  Senior Partner at Berkson Wallace
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Hiya, Currently my father lives with my brother and his

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Hiya,Currently my father lives with my brother and his wife, my father owns the house and is currently in the process of placing the house into trust in the names of my Father, my brother and wife only, I feel at present pushed out and because I know my father so well he will be listening to the advice of my brother and his wife and not make his own decision on how the house should be split, I have also spoken with my father although I have been advised by my brother I am not allowed to speak about the house to my father and from the conversation I had it sounds like I am correct, my father used phrases such as "all I know is it's all being sorted by the solicitor", "they are sorting it with the solicitor". All I have asked my father to do is to make sure it is his decision, and that he fully understands all figures and who has what etc.I am just wondering if there is anything I can do?
JA: What steps have been taken so far? Has any paperwork been prepared or filed?
Customer: HM Registry documents have been prepared but not yet signed.
JA: Where is the house located?
Customer: Wolverhampton
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: Not that I can think of

Hello. Thank you for the question. It is my pleasure to assist your with this today.

Please bear with me and I will be online and off-line from time to time and therefore, may be delayed getting back to you. You will receive an email when I reply.

You suspect that your father is being influenced by your brother and his wife and this will ultimately leave you out of any future inheritance - is this correct?

is this your fathers house that your brother moved into?

Customer: replied 15 days ago.
It's a bit of a long story, shortest way I can put it is, Me and my brother had always lived there from birth as it has always been the family home, however there came a stage when I had to move out due to having children with my wife, at the time of moving my father helped by re-mortgaging the family home to give me a deposit to get me started on a new home around 10 years ago, but this was not 50% of the family home value this was around 35%. yes I feel my father is being influenced by my brother and his wife, my father is also being provided advice by the same company whom are representing my brother and his wife, and I do not feel my dad is taking the time to fully understand what he is doing.
Customer: replied 15 days ago.
I forgot to add the 35% out the family home my brother has been repaying to start buying me out of my share so I understand I would only have around 15% remaining

It is highly likely that your father is under some kind of undue influence although he may be very grateful to your brother and his wife (your father’s son and daughter-in-law) because they are looking after him.

I don’t like “they are sorting it out with the solicitor” because that’s certainly points to some kind of undue influence.

There is nothing to stop you having a conversation with your father.

The solicitor will not write to you about this and will not speak to you about it but you can write to the solicitor and advise him of this undue influence and asked for the letter to be kept on file.  You can say that you understand the solicitor can’t discuss it but you need to advise the solicitor.  The solicitor should therefore carry out his own enquiries.

Keep a copy of that letter and then, if your father eventually passes away, you can raise the issue of undue influence with regard to the transfer.

What you can also do is refer the matter to Social Services now as abuse of a vulnerable adult and you can tell the solicitor that you have done that.  Be aware that it is probably not going to endear your brother and his wife to you and your father genuinely wants to do this, without any influence, it may not endear you to him either.

If you already have 15% in the property then regardless of what your father does you retain 15%

Thank you for letting me assist you with your legal question.  I am glad that I was able to help.

I am not certain whether that answers the question for you or not, but I am happy to answer any specific points arising from this.

It will be my pleasure to help you again either further with this or any future questions you have

Kind regards

Customer: replied 15 days ago.
Many thanks for your support, really appreciate your advice.

It was my pleasure to assist you. Please come back if anything else crops up and needs clarification.
Thank you for trusting Just Answer, and of course me,  with your legal problem.

Stuart J and 3 other Property Law Specialists are ready to help you
Customer: replied 14 days ago.
Hi Start, I do have one more question if I may, Many years ago when the house was re-mortgaged to release equity for my deposit, my name had to be added to the mortgage as my fathers income alone was not enough to re-mortgage, due to this my name was added to the deeds but only for a 1% share and the other 99% was in my fathers name. I have already agreed a while ago in an e-mail to my brother's solicitor to sign this over, as above I have the transfer deed to sign this 1% over, would you recommend I hold back on signing this until I am confident that my father has made the correct decision for himself?
Customer: replied 14 days ago.
Also would there be any implications / costs I could incur from my brothers solicitor by now refusing to sign although I previously advised I would?

If you only have 1%, then you have 1%.  That 1% however does give you the ability to force a sale of the property.

It also gives you the ability to stop your father transferring the property to your brother’s name although he can do what he likes in his will but you would always be able to challenge that

Customer: replied 14 days ago.
That was my thoughts too thank you. Could there possibly be any implications from now refusing to transfer although I previously had agreed too although I had not officially signed anything as it was only an email, and had no terms and conditions etc attached.

If a person refuses to transfer/sell  the one who wants the transfer can take the other to court to force thesale and ask the court to award costs against them.  Under the Law of Property Act 1925 any disposition (sale transfer lease mortgage) has to be in writing and signed by the parties and therefore unless the communication did that, then it’s of no effect.