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Legal matters

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How did she manage not to pay this amount

9 replies

Cheeseismymiddlename · 09/03/2021 13:21

Person A died and left a house in their Will. This house was bought about 6 years ago when the previous house was sold. No mortgages on either property .
Person B has divorce papers that show they were entitled to a 25 per cent share on the sale of that previous house.
Any idea how person A managed to avoid paying this sum ?
Solicitors used for sale and purchase.
No one told person B the house had been sold so could do nothing about collecting the money they feel owed. Surely, something would have been lodged with the house deeds / land registry to avoid such a thing? Was it person B’s responsibility to make sure this was done. If they didn’t, can they make a claim now ?

OP posts:
Whatwhyhowwherewho · 09/03/2021 16:02

Can they claim against the estate? There’s a time limit of 6 years after probate.

www.willclaim.com/claim-types/contesting-a-will-after-probate/

Africa2go · 09/03/2021 16:10

There is a possibility that if B used solicitors in the divorce and they were supposed to protect his / her interest in the house, and they didn't, B might have a claim for professional negligence. They need to speak to a solicitor (there are strict time limits for bringing a claim).

Cheeseismymiddlename · 09/03/2021 17:00

Thank you. B did use a solicitor.

OP posts:
DelphiniumBlue · 09/03/2021 17:09

Either there was no registration on the title of the fact that B was owed the money/had an interest, ( B's solicitors should normally have dealt with this) or whoever bought the property bought it subject to the charge.
Was it sold to a friend/family member? Was it sold at market value?
Your choice of language is interesting - either B had a legal/equitablel interest which was registerable or they didn't. Why do you say B "feels" thy are owed money rather than "is" owed?

Cheeseismymiddlename · 09/03/2021 18:33

Hi @DelphiniumBlue. Choice of word not meant to be loaded. I just do know what circumstances were to be in place for B not to have received 25 per cent of the sale 6 years ago. I’m wondering how to move forward with this without causing all parties grief and expensive solicitors bills.
House was not sold to family . Sold at market value.

OP posts:
Cheeseismymiddlename · 09/03/2021 18:34

Correction ... do not know circumstances.

OP posts:
Screwcorona · 09/03/2021 18:37

Tell b to get in touch with solicitor that dealt with sale before anyone does anything with the estate. They may be entitled to some of it.

SendMeHome · 09/03/2021 18:40

About six years ago is important.... over or under six years will make a difference. Can you get a date of sale?

Did A have an estate when they died?

MichelleScarn · 09/03/2021 19:18

How did she manage not to pay this amount?
So is A a female relative of yours, your partner who you feel has purposely avoided paying B?

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