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Legal matters

Need Advice, any help appreciated

4 replies

cankles · 09/02/2015 14:26

Not sure if I need to go to a Solicitor or not.

My brother and I helped my dad buy his flat and have been contributing towards the mortgage for about 10 years. Dad pays a larger share and pays the rates as he lives in the flat and we don't.

Dad re-married about a year ago. His new wife moved into the flat. We have continued contributing as before. Dad advised my brother and I that his share of the flat would be left to us and that nothing would change.

Obviously a year has passed and she (we think) has paid for some improvements to the flat, which we neither agreed nor disagreed with. Dad has now made an off the cuff remark that his share of the flat will now go to her.

This is a business arrangement that I'm sure none of us really want to be in but what are my best interests? I really don't like the thought of Dad's share going to her and then her family (I presume).

Could anyone give me some advice or suggestions. Any help would be very much appreciated x

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daniellerj12 · 11/02/2015 18:30

Hi
last month while reversing my car i went into another car no damage was done to my car or the person car today i recived a letter to say she has maid a claim against me i have pictures of the car no damage what so ever i didnt leave my details or go back as some one i know said that she got my number plate number

Can some one help me please

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Mumblechum1 · 11/02/2015 20:15

cankles
Is the flat in your dad's sole name?
Did you sign a deed of trust acknowledging your and your brother's contribution?
Was there any sort of agreement that you and your brother would eventually be repaid if the flat was sold?
What is the flat worth?

Sorry for the barrage of questions!

If the house is in his sole name and there is nothing in writing to record any agreement that you and your brother have an interest, then on your dad's death, if he has no will, his wife will inherit at least the first £250,000 of his estate.

I'm a willwriter and this scenario is very common. I often recommend a life interest in possession trust. I have an article about this type of trust which explains how it works so if you would like a link please feel free to PM me, but essentially your dad would put the flat into a trust so that you and your brother would eventually receive it, but his wife could live there until either her death, remarriage, or a specified period, eg 3 or 4 years

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Mumblechum1 · 11/02/2015 20:16

Danieler, I suggest you start a new thread and an RTA lawyer may see it. Put RTA/car insurance in the thread title

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cankles · 17/02/2015 17:33

Mumblechum1, I have pm'd you.


Many thanks.

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