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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

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

29 replies

Wammyjodger · 24/11/2019 20:57

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

OP posts:
RebootYourEngine · 25/11/2019 04:45

Please do what you can to help this relative. It sounds very much like they are being taken advantage of.

Userzzzzz · 25/11/2019 05:39

Please help them. Could you take them to a solicitor? The house should set them up for life. That said, my children have inherited and while I’d never touch it in normal circs, if we were in a position where we all might lose our home, I would because there would be a direct benefit to them having somewhere to live. If I was in that position, I’d want to pay them back eventually though and it sounds like your relatives have no intention of that.

There must have been a reason the uncle went straight down a generation.

lazyarse123 · 25/11/2019 05:47

I have no advice but it sounds as if the uncle left the house to your relative to stop this sort of thing happening. Hope you manage to help her sort it.

Keepingthingsinteresting · 25/11/2019 08:00

Not my area of law, but sounds like the house was put in trust as the relative was under 18. The trustee is supposed to manage the asset for the relative’s (the beneficiary) benefit, which can (in some cases) include selling it. Dealing with the asset for their own benefit (eg selling it, lending the money to themselves) might be lawful, but equally could be a major breach of duties. Unfortunately once it is done if they have no money led there is no point suing them, so it is really important for the relative to say now, and firmly, that they do not want this to happen and if at all possible take some legal advice. At 17 unless there are special circumstances I would expect them to be getting involved in management of the asset and the trustees to respect their view.
I would say it’s really important to get in this now, otherwise will be a case of repent at leisure

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