Is this financial abuse?

[heathspeedwell]

My mum's boyfriend recently told her he's kicking her out of their home after they have been together 24 years. She sold her house (at his suggestion) before moving in with him and has invested tens of thousands into their homes over that time. The properties have always been in his sole name, so she's now left with very little of her original capital. I started a thread about it and people were very helpful and suggested that she should contact Land Registry and put a restriction on the sale.

Now she has just mentioned that the day before he dumped her, her boyfriend took her for a posh lunch with lots of wine (most unlike him as she usually drives). On the way home he wanted to 'pop in' to the solicitor for her to sign a form. He told her that this form was simply to protect her because he remembered that she invested £25k in their first house and he wanted her to know that he was definitely going to give it back to her.

I have now seen the form and it's a Declaration of Trust which states that my mum wont put any kind of lien or charge on their home, or ask for any interest on the initial £25k.

Does this mean that it's pointless trying to pursue this further? As well as that first investment she's spent many thousands more. And were the solicitors dodgy in making a tipsy woman sign that form without explaining it to her? She genuinely thought they were 'her' solicitors' because they acted as the conveyancers for her when she bought a beach hut in the summer. Is this not a conflict of interest?

When my mum found out that the person she loved could stitch her up like that she was just shaking all over. It's one of the most heartbreaking things I've ever seen. She's always been so busy and happy and it's like she has become elderly overnight.

If anyone has been in a similar situation please let me know what I can do to help her.

I am not a lawyer so cannot give advice but I do get legal documents executed as part of my job and I was under the impression that when signing something like this you had to be offered the option to get independent legal advice before signing. I think it is definitely worth seeking the opinion of a qualified solicitor if your mum was a) under the influence and b) didn't properly understand what she was signing and the implications of it. It may be the best £350 she spends.

FWIW he sounds like a total wanker and I'm sorry you and your mum are having to go through this.

Thinking about it, this document your mum signed sounds like something that is standard in the conveyancing process. If there are adults living in the property who are not on the mortgage/deeds (eg adult children living with parents) then they often have to sign a legal declaration saying they will leave the property once the sale is completed. I think this is because they aren't party to the sales contract that demands vacant possession.

If so, your mum has agreed to leave the property once the sale is completed. IANAL but if your mum can get this cancelled (on the grounds she was under the influence of alcohol and did not understand what she was agreeing to) then this may be a negotiating lever, as a decent solicitor for the buyers will demand something like this is signed.

Definitely get a copy of the restaurant receipt!

I agree that this £350 is likely to be very well spent.

Awful situation. Make sure you attend this appointment and all future appointments with your Mum re. financial decisions. Your Mum sounds vulnerable and she’s obviously getting older. Maybe also look into setting yourself up as Power if Attorney for your Mum.
My Mum recently arranged for me to be her Power of Attorney as a result of having to sort out my Grandmother’s affairs without one, after my GM had a fall, stroke and ended up in a Care Home unable to walk or care for herself alone. My Mum’s also sorting out her and my Step Father’s Wills now.

Good luck and all the best.

Did she get a copy of what she signed?

OP

What a truly awful situation....!!

I think you need to act speedily.

This has financial abuse written all over it....

DEFINITELY GET URGENT LEGAL ADVICE.

Your mum definitely should known what she was signing and the awful ramifications....

She should not have been drunk while doing so..
It is pretty obvious why her ex did this.

She needed to understand clearly what she was signing and what it meant... She would most likely not have had capacity to sign this if loaded up with alcohol.

(I am not a lawyer but have worked in roles around adults and capacity issues).

Is there any way you can get hold of the restaurant receipt??

This was out of character for your mums boyfriend and has dodgy intent written all over it.

In some ways if your mum gets upset this all supports how she's been fiddled.? She doesn't seem to know what she's signed? (it may be something like false representation which is a. Criminal act?)

... Someone I know was fiddled out of loads as her grim boyfriend got her to sign a stack of papers in the guise of opening a joint account... And in the middle was a loan agreement for 10s of thousands....

Keep a note of everything you've said here...

I'd also as a matter of urgency: ring CAB

Ring age Concern for advice.

With the police for advice too...

Of course this is worth 350k....it may cost your mum her fair share of the property...

......

Please. Please. Don't let this go!!

Since the document was signed without it being properly explained and without it being made clear to your mum that the solicitor was only acting for her partner and not her (he/ she couldn't represent both as it would be a conflict of interest) and that if she wished to take independent legal advice before signing then she should do so, then she has a good chance of getting the deed considered invalid. The ex partner might fight this but I expect his solicitor may be very uncomfortable and advise him to drop it rather than risk a complaint to the SRA.

The timing and context of the execution of the deed would look very dodgy if considered by a judge or the SRA. All those years without a deed to protect her money, then partner suddenly decides its necessary .. just before he dumps her. And gets her tipsy so she doesn't properly take in what she's agreeing to ...

Get a restriction on the property ASAP. And this is a scenario where, yes, it's worth spending money on her own solicitor. Could be worth hundreds of thousands. The more you and mum can do to put all the evidence together in a sensible, collated form, the less hours (costs) the solicitor will need to spend on it. I'd also suggest drafting a witness statement from your mum setting out the whole story starting 24 years ago and "walking through" the supporting documentary evidence.

I'm a solicitor by the way although I don't specialise in property disputes.

Thank you everyone for such brilliant advice. I haven't been sleeping well since all this started last week and so it's hard to think straight, but I knew the wise women of Mumsnet would know what to do.