AIBU to wonder how they can do this re house sale?

[Wammyjodger]

Being a bit vague, sorry, as it's quite an odd situation.

I have a young relative, aged 17. This relative has been left a house by our childless uncle, who died four years ago. The house has been alternatively rented out and lived in by other family members. I personally think that other family members have forgotten who owns said house.

My young relative's parent is in a lot of debt. There is now talk of selling the house to pay off the debt and help the family. The parent has already been in touch with estate agents. I have spoken to the 17 year old, and they're a bit baffled by the whole thing, seem to believe that they don't have a real say over the house as they are under 18, and naturally want to help their parent and family

For disclosure, the parent's debt is absolutely of their own making, parent owns their own home, and I feel the family. Is quite enmeshed with a lot of responsibility and guilt potentially being laid on the 17 year old, who I don't think realises the enormity of what losing the house may mean

Does anyone know what the law is here? I know for a fact that the house was left solely and completely to the child, but beyond that have no idea of the legalities, and I don't want my relative to be taken advantage of

Sorry for the long post - basically, can the child's parent just sell the house from under child's feet?

The title deeds should be in your relative's name or was the house put in trust for them ie. Put in their name when they reached 18. They really need to see a solicitor asap.

It depends what it says in the will. Usually for under-18s, a legal guardian is appointed and that person or persons can sell a property on behalf of the child for the benefit of the child.

Maybe the solicitor who dealt with the will. Who were the executors. I imagine the estate went to probate and the executors would be legally obliged to execute the will according to the deceased's wishes.

The executors were my relative's parent and the parent's sibling, as far as I recall. Uncle died at a time when a lot of other things were happening in my life and my memory is a bit cloudy around that point. Legal guardian is ringing a bell. My young relative seems to think that if they give permission to their parent, then the property can be sold. They haven't actually said "yes you can sell my house" at this point, but their parent is acting as though it's a done deal (contacting agents etc)

If you have power of attorney for older people then if it was this sort of situation there are powers that be you can report the person selling for not doing their duty and they can be removed... Is there an equivalent thing for effectively a guardian selling off assets of their child?

Do you have legal insurance on your home insurance that you could ask? cheaper than a solicitor... But they might make you contact a solicitor properly as the minor is not their client.

Would be worth asking the question again on the legal board on MNet to get more targeted replies from those that would know the answer or at least where to direct you to!

Are you able to talk to the girl without the parents around to sound her out, hopefully without it getting back to her parents at this stage, and let her know that she should not be selling this to get her dad out of debt as the uncle would have left the house to him if he wanted him to have it, there is a reason that it was left to her...

It does sound shocking and a terrible thing for a parent to do to their child and hopefully the child will manage not to be influenced enough by their parents to give up their inheritance...

I had thought of contacting a solicitor, but as it's technically nothing to do with me, I can't imagine they'll be able to give advice, especially as I won't have copies of the will etc. I could still get enough information to pass on to my relative regarding the straightforward rights and wrongs of what their parent is trying to do, I suppose. Relative is a very sweet and unworldly teen, whose caring nature I fear will be taken advantage of, and they won't realise the magnitude of the situation until they're older

you are quite right top be concerned and yes you need to act. this child is firmly on a path towards being tricked out of their rightful inheritance. if you don't act then you will share the guilt.

Potentially a breach of fiduciary duty. Actionable in common law. See a solicitor ASAP. With a solicitors help she may be able to place an injunction on a sale.
I’m not a solicitor but I do have legal training. This is not legal advice.

When does the 17 year old turn 18?

Are the family maybe pushing to sell it quietly before that deadline?

They can’t sell the child’s house and just take the money to pay their own debts. When the child grows up they’ll be within their rights to sue the parent. I’m not sure if there’s anything a third party can do to stop it happening though? Apart from pointing out it’s illegal (and probably being ignored by the thieving parents).

Definitely pushing to get the house sold before the 17 year old turns 18

Are you in the position to pay for the relative to have an initial consultation with a solicitor?

If I were you I’d take her myself and help her explain the situation.

Also check the title on Land Registry as to who is the owner.

How utterly outrageous of her parents.

I would also keep an eye on the property market so that if you see the property come up for sale 1) ring up as an anonymous potential just to see how they are selling it - if they want a quick sale or similar that would mean that you would need to be ready to speed up whatever steps were needed to stop this going through, 2) to see if the value is fair for the area or if they have priced it below price o sell quickly or to sell to somebody else to cut them in on the profit. I'd also be tempted to ring them up separately a couple of days later to inform them that the sale of the property is not as clear cut as they may have been told.

are you able to go to the Citizen's Advice Bureau or even take your young relative along so that someone independent could talk to them?

OP, you can get a copy of the title deeds from the Land Registry to see whose name the house is in. Think you can also get a copy of the will, that way you can find out if it was to be held in trust or transferred to your relative. Would the parents/siblings listen to you or talk to you about any of this? Sounds pretty much like a straightforward theft and that your relative could do with someone to advocate for them.

Post on the Legal Matters board and someone will be able to help.

Thinking about it, if they’re prepared to sell it then they may well be willing to use it to secure themselves a loan. Also, if it’s been rented out, has your relative been receiving the money?!

Finding a will ... www.gov.uk/search-will-probate

You can view who owns any house on land registry for £3.

Doesn't the 17 year old qualify for legal aid? Can you get them to talk to a solicitor? The rental income should be going into trust for them.

Encourage this teenager to go and see a solicitor. The teenager is almost certainly, by the sound of it, being ripped off by relatives. The teenager has a legal right to the property, and probably needs support to tell the grabby relative to fuck off.

Wouldn't the registered owner (the 17 year old) have to sign documents to sell the house? And if it is held in trust for her (as she is under 18) then the person(s) who hold for her it would have to sign? Also when is she 18?

I was the executor of my husbands will, and this is my understanding, though I am not a lawyer. An executor has a legal responsibility. They represent the estate and wishes of the deceased, not the beneficiary, but they must act within the law. If the house was left to a minor, then there would be someone responsible for managing the inheritance and they are allowed to take money from the estate to pay their expenses (not a salary, but to ensure their executor /trustee duties do not end up costing them money). There would be a reckoning of the value of the estate when probate was granted. Any rent the property earned should have gone into this trust or account held for the beneficiary, and money could be used for the expenses associated with the ownership of it (repairs etc). I believe a tax return would be filed annually too on behalf of the trust or minor. If the house is in a trust and is sold, the proceeds go into the trust, minus any administrative costs and fees. The trust holds assets, be they in the form of a property or cash or stocks and shares etc. There should be a paper trail for all of this and the executors or trustees are responsible for this.
If there was a lawyer involved when the will was executed it might be prudent for your relative to contact them and ask for a copy if they don't already have one. It will state how the property was left - if a trust was formed etc and who the trustees are. If your relative decides to give the proceeds to their parents then there are rules around that too. It may not directly involve you but you can act and help guide this person so the uncles wishes are upheld.

God they sound hideous. Their son would literally be secure for life, who the hell wouldnt want that for their child ??

If I were you I'd take him to see a solicitor and spell out exactly what this means........offer him a place to stay with you if needed but you can't allow this to happen.

Honestly, some people shouldn't have children.

Just thought - another way of approaching it could be talking to the police about coercive control. I know people usually think of it in terms of abusive partner - usually male - controlling other partner - usually female, either husband and wife or boyfriend and girlfriend but it’s also valid in other relationships - parents/children/siblings or even friends.

If a parent is saying to a minor child they need to hand over their inheritance and girl is nice,they are manipulative, girl doesn’t realise what she is giving up or being manipulated into doing - then that sounds like it fits the bill pretty well.

Plus if you speak to the police about it they should be able to signpost you to other places that might be able to help - would the parents throw the girl out if she didn’t hand it over? Or do anything else to manipulate the circumstances?

As others have said, check the deeds with the registry office. I think you can apply to be notified if anything changes on them and there should be to put a charge on the house so it can’t be sold without being notified for the girl (although guess that might have to be her parents if they are her legal guardians - but worth seeing if she could nominate you/ someone on her side to be on there.