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How can I get my inheritance back?

32 replies

Mrsdarcyiwish10 · 13/05/2017 11:14

My dm passed away 5 years ago and left her estate intestate.

My db1 was happy with his lot, other db2 and I were left 50/50 share of her house.

I have covered all extensive legal costs so far. While I was very low with mh issues I was bullied/coerced to sign over my share of the house to my db2.

Now I am regretting that I did this and am wondering if there is any way to rectify this and transfer my share back.

I am not in a good places money wise and really need this inheritance.

Any advice would be appreciated.

OP posts:
Notsandwiches · 25/05/2017 11:54

Same solicitor should definitely not have represented both of you. Go and see a different (decent) solicitor. You may have a claim against previous solicitor in negligence as there's an obvious conflict of interest.

There are two different sorts of ownership: legal (whose name is on deeds) and equitable (who is entitled to a share of net proceeds of sale). Arguably, until you receive your consideration for the Transfer you still have an equitable interest. Solicitor will be able to advise on how best to protect yourself. Don't just go to some little local firm though as it's not a routine matter.

Mrsdarcyiwish10 · 25/05/2017 12:32

Thank you for the advice, I didn't realise we should have had separated solicitors, will mention this when I get the transfer form and see a solicitor. One who deals with this sort of thing.

OP posts:
notapizzaeater · 25/05/2017 20:50

Hope you can get some answer, have you legal insurance with your house insurance ?

Mrsdarcyiwish10 · 25/05/2017 21:48

Unfortunately not, I've checked. Can someone also tell me what a consideration for the transfer is please?

OP posts:
HeyCat · 25/05/2017 21:54

The consideration is the price paid. It doesn't have to be money - it's anything of value.

You definitely should have had separate lawyers

SleightOfHand · 25/05/2017 22:12

I'm surprised the solicitor allowed this.

Crumbs1 · 25/05/2017 22:33

It might be worth contacting the local authority Independent Mental Capacity Advocate. (IMCA) They can offer support and advice where people lack capacity, as you possibly did when you signed over the house.

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