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help about property - inheritance or not?

2 replies

bkgirl · 08/05/2014 23:36

My friend has a third share in a property with her 2 siblings. It was signed over to them in 2006 by their parents. One of the siblings got a power of attorney (didn't register it) then emptied the fathers bank account (approx between 50k - 100k). The mother spent the last year or two impoverished but wouldn't go legal because of the threat of not seeing grandchildren.

My friend is horrified that now both parents are dead that the dodgy sibling who is executor will get away with everything scot free. The dodgy sibling says her parents died penniless! My friend wants to expose what this sibling did (more to show how mean she was to her elderly mother)

The dodgy sibling is now trying to force the sale of the house and also refuses to give up the accounts of the fathers money.
She says the house is part of an inheritance so she can go to a court and force my friend to let it be sold otherwise pay big legal fees. However, how could it be part of an inheritance when it was given over years before they died?
My friend would like the house to be sold too but wants the money put in escrow or something until the accounts are handed over and adjudicated some way.Otherwise the dodgy sibling will take off and flee the jurisdiction and change her name (again).
So can she call it an inheritance if it was given over years before and not even mentioned in a will?
Can they force my friend to sell or threaten her with legal bills?
Will the probate office get involved without having to pay a solicitor (my friend isn't rich!)
Any help advice will be appreciated.

OP posts:
LancashireMan · 09/05/2014 10:07

Your friend should write immediately to the probate office to say that probate is being contested and outline the reasons. The PO won't get involved in the dispute but delay issuing probate clearance - for a while. This needs to be done right now. However, sadly, I think your friend then needs to engage a solicitor because, if the dodgy person is going to go legal, your friend will need professional advice.

poshfrock · 10/05/2014 16:08

These are 2 separate issues.

The abuse of the power of attorney needs reporting to the Court of Protection who will be able to take action against the sibling to recoup misappropriated funds.

If the property was transferred in 2006 then the title deeds will show all the owners' names. Your friend needs a copy of the deeds which are available from the Land Registry website. The property cannot be sold without her consent unless a court orders it. On the sale of the property the solicitor dealing with the sale will pay the proceeds equally to the three owners.

Who are the executors of the estate under the will?
Registering a caveat at the Probate Registry is usually only in point where a will is in dispute. Does your friend have a copy of the will?

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