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JGM, Solicitor
Category: Scots Law
Satisfied Customers: 12089
Experience:  30 years as a practising solicitor.
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My husband was made power of attorney fathers estate,many

Customer Question

My husband was made power of attorney for his fathers estate,many years ago, we have just found out that my husband's step brother and his common law wife have purchased my husband's father's house 3 years ago for the sum of £60,000. The estate is worth in the region of £250,000. Surely this cannot be right, giving the fact my husband has power of attorney. This to me is fraud. The estate is in Scotland.
Submitted: 2 years ago.
Category: Scots Law
Expert:  JGM replied 2 years ago.
Thank you for your question. I am a solicitor in Scotland and will help you with this. Please answer three important questions for me:
Is his father still alive?
If so, notwithstanding the power of attorney in favour of your husband is your father in law mentally capable?
Was he mentally capable at the time of the transaction?
Customer: replied 2 years ago.


My father in law is still alive, he suffers from diabetes etc

He is mentally capable, but surely my husband should have been consulted, on this issue, being Power of Attorney to his father's affairs, otherwise what is the point of going through this procedure. After all to sell ones valuable home, at such a low price, to someone who isn't family. Surely someone should have contacted my husband on this very serious matter.

I believe he was capable at the time of this transaction, but also he could have been bullied/talked into doing this, due to lack of medication etc etc. My husband is his only child, these other people are not immediate blood family, the man is only a step son.

My apologies for not getting back to you sooner.

Look forward to hearing your expert advise.

Expert:  JGM replied 2 years ago.
Ther is no law that requires an attorney to be consulted just because he is an attorney unless the person is incapable.

However, the fact that they did not, and presumably know of the old man's state of health and the fact that was a power of attorney is indicative that they haven't acted openly and honestly.

Your husband should be seeing a solicitor with a view to having the transaction reduced on the grounds of facility and circumvention. That is a remedy under Scots law where someone in a position of influence has taken advantage of someone in a weak state of mind or body, which can be short of incapability.

I suggest that he takes specific advice on this immediately.