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Father's Will - Agree To No Claim To Property?

Discussion in 'Wills and Estate Planning Law Forum' started by SPIDERLARNIE, 16 September 2014.

  1. SPIDERLARNIE

    SPIDERLARNIE Member

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    Please can someone help me as I am in turmoil as what to do. My sister and brother in the UK have paid off my mums mortgage (60,000 pounds, the house is worth at least 140,00) my dad released the equity in his house to pay off his mortgage before he died- and the company he used would then keep the house once mum passed away, so as my sister thought this was a total rip off she paid that company out. She is now trying to put the house in hers and my brothers name, but have been told by the land registry that they cant as my dads will states that I will receive a third of his half of the house( my mum has already taken me off of her half) .

    They have asked me to write a letter to solicitor stating that I have no claim to the property and that they will then give me some money when the time comes when they sell the property. I don't know what to do. Should I sign this over and just hope that they do pay me or just say no I want to keep an interest in the property.

    They keep telling me that this will cost a fortune in fees if I don't sign it. Also can my mum just sign it over to them anyway? and i just stay on dad's will.
     
  2. Sarah J

    Sarah J Well-Known Member

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    Hi Spiderlarnie,

    No, I would not be waiving any claim in the property unless you believe you have no claim in the property. The first thing you need to do is have your father's will validated by seeking a grant of probate from court. Your father would have named an executor. Have them apply to court and seek probate. This is to verify that the will is valid and final. You need to do this because your claim comes from this will.

    Why would the company keep the house after your mother passed away? What would be the point then of paying off the mortgage? I do not understand this point. Here, I recommend you figure out what claims this company has on the property. Then, request a copy of any assignment (transfer) of ownership from the company to your sister and brother. You need to verify 1) the company has a title to give; and 2) the company did in fact pass valid and good title to your sister and brother.
     
  3. Sarah J

    Sarah J Well-Known Member

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    If it turns out the company and/or your siblings have title in the property, you should be able to nevertheless claim an equitable interest in the property (alternative and separate to your claim in the will) on the ground that you paid for part of the mortgage repayments.
     
    SPIDERLARNIE likes this.
  4. SPIDERLARNIE

    SPIDERLARNIE Member

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    Thanks for your help- sorry I may not of explained myself - the company has no claim to the property as the loan with them was paid off and the house now belongs to my mother- Its my brother and sister who want me to take my name off of my dads half of the will ( we will get a third each of his half) and my mum has already told them both that they will have half each of hers ( not sure why this has happened - I think she was talked into taking me off). It seems that I am in the way, as the land registry have told them they cannot transfer the house into just their names as I am on my dads will. They have told me if I do agree to take my name off, when mum passes they will give me some money!!! I have been kept in the dark about this and feel that I cannot just trust their word as I would not have a leg to stand on if I take my name off the will. the UK solicitor that they are going through has just told me that he didn't even know I existed until the info came through from the land registry.
    My brother keeps telling me if I dont sign my part over then this will cost thousand s in fees when the time comes for them to sell the house. Also .
    I ve just found out that they should of offered to pay me off if they wanted me off the will. This is very upsetting for me as I am still mourning the loss of my dad and now I have this on top of it all. Thanks once again.
     
  5. Sarah J

    Sarah J Well-Known Member

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    Hi Spiderlarnie,

    Your brother and sister are certainly able to purchase your share in the property through ordinary assignment of land interest. However, you should still have a grant of probate from court to verify that your father's will is final and valid.

    Once the interest is transferred to you, you will be free to assign this share to your siblings through assignment, and make the legal assignment subject to the full receipt of purchase price. This is the best way to ensure that you will get paid. Speak with a legal advisor as to how to execute this sale and purchase document.

    I would not be waiving any interest under the will as yet. In fact, I would not waive it, but assign it satisfying proper formalities.
     
  6. SPIDERLARNIE

    SPIDERLARNIE Member

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    Thank you so much this has been very helpful
     
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