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JGM, Solicitor
Category: Scots Law
Satisfied Customers: 12195
Experience:  30 years as a practising solicitor.
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My daughter lives in a house that was originally owned by her

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My daughter lives in a house that was originally owned by her partner. He died a couple of months after my daughter separated from him. At the time, about four years ago, they had two children aged boy (12) and girl (9) and my daughter stayed in the house with the children and continued to pay the mortgage. As my daughter was separated from her partner at the time of his death the property passed on to the children. Since the children were too young to have a mortgage last year my daughter went through the courts and an amount was agree through the accountant of the court to be paid to the children if ever the house was sold. Although there was £83000 left on the deceased estate my daughter made claims against this amount. The flat she now owns (at the time of the purchase of the present house was jointed owned by my daughter and her partner) had only a few thousand left on the mortgage and this went up to £68000 as it was re-mortgaged to buy the existing property. Her claim also included the fact she had contributed to the house with loans, through her name, to get a new kitchen and bathroom (claiming a half share) and had been paying the full mortgage for the house for the previous three years. My daughter through the courts has for the past year had name registered as the house owner at the Register of Sasines. She provided all the documents to support her claims. My daughter has verbally now sold her house and verbally agreed to buy a new property but her ex partners mother, who still blames my daughter for her son's death, has been talking to my grandson and says she is going to put in and objection to the amount of money the courts said the children are due.
Can she stop my daughter from using the money to buy a new house or perhaps freeze it?
My grandson turned sixteen this year and my daughter was going to give him the money which the court says was due to him.
Thank you for your question.
I don't think that the grandparents can interfere where a court has already made a decision. However, as am not quit understanding the whole scenario and the relationship between the two properties, what is now being sold and what properties your daughter currently owns.
Generally can you please explain the situation a little more so that I am clear as to the background.
Customer: replied 2 years ago.

As the flat was in both their names and it was to go to the survivor if anything should happen to any of them, the flat now belongs to my daughter. The house was in her partners name but my wife went through the courts to get her name on the property because the property passed on to her children. They were twelve and nine at the time and since her partner had not been paying the mortgage payment insurance the mortgage should have be passed on to them but obviously they were too young. The grandparent is now saying that my daughter was not entitled to claim the money back from the estate and said they were not consulted. But my daughter did everything correctly and went through the courts and they decided how much of the estate would be left to be divided between the children.

The grandparent says the original sum left from the estate should go to the children but the courts decided my daughter was entitled to her part of the estate.

Can the grandparent do anything to stop my daughter purchasing her new property?

Thank you very much for your detailed reply. I now see what has happened here. The children would otherwise have inherits the whole estate but the court made an order under section 29 of the Family Law (Scotland) Act 2006.
As the court has decided this issue the grandparents have no right, title or interest to pursue anything here. Even prior to that they had no interest in the children or the estate from a legal point of view so their comments are irrelevant.
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