Elderly dad was manipulated into variation of deed

[propertyquestion]

My elderly dad’s wife sadly passed away. Her property that they lived in was owned in a 50:50 split as tenants in common with her daughter but paid for by his wife - I think this was set up to secure the daughters inheritance free from inheritance tax. His wife left her 50% share to my dad.

The daughter then put up a fairly sustained campaign of guilt saying that she expected to inherit 100% of the property, and my dad agreed to do a deed of variation to give her 40% of his share. We advised him to pause before making such a decision, especially given that she would have been happy to have him inherit 0% so we couldn’t see why he was being so generous in return, but he was consumed by grief and guilt and she insisted on urgency.

Some of the messages she sent him were appalling and he is a very kind hearted softie. I believe that she has manipulated a vulnerable and grieving elderly man into giving her hundred of thousands of pounds.

Anyway, they set up a deed of variation which he and the daughter signed, witnessed by his neighbour - but due to spelling errors in the document they have to make a new one and are destroying the old document.

Badly timed on his part but right after signing the deed he suddenly had a moment of clarity that he shouldn’t be doing it.

Because of the spelling errors, the lawyers said they are shredding the document and re-doing it and he will have to sign again.

He is speaking to solicitor tomorrow about his options - and whether he is able to change the % in the deed or cancel it altogether.

It would be great if any lawyers could help provide some insight on whether this is possible? If the original deed of variation was void due to spelling errors, does he have to re-sign a new one or can he change his mind still?

She's a lawyer. I'd be having a chat with the Bar Standards about how to report problematic behaviour as well.

This is disgusting. Please call your fathers solicitor first thing in the morning & explain about the threats & how he is scared of this woman.
They'll need to speak to your dad.
Then call this woman & tell her that any future contact will be through yourselves & block her on your dad's phone.
She sounds like a nasty bully.

This is awful. Is the deed signing to be done at the solicitor's office? He shouldn't go but if he is too scared not to, can someone go with him?

If she is a solicitor herself she has to hold herself up to higher standards than ordinary Joe Public. Threatening an elderly and grieving man goes completely against that!

Good point made by pp re deliberate deprivation of assets.

What does the will say about where assets go after your father dies - is it the daughter? If so she needs to wait for it as your dad's late wife wanted to ensure she provided for your dad.

It would be the Solicitors Regulation Authority you need to contact to report her as she is a solicitor (Bar Council for barristers).

Such a difficult time, hope you can get this sorted. Sadly I suspect the daughter won't accept things quietly and with respect to her late mum's wishes.

Please please report her. I was bullied by a lawyer and I should have reported her. She is using her profession to exert pressure.

Horrible woman

Thanks all - we are going to join call with solicitor to see what his options are. Hopefully the shredding of the document means that he can change his mind now, but if not I will ask if we can explore that this was signed under duress and therefore void anyway. Apparently she has called him again to ask when everything is signed and he (unfortunately) shared that he was having second thoughts and she told him that he has ruined her life and she will be challenging the probate. He says that he now “feels very bad”. Have told him to please not pick up any calls from her as he just doesn’t need the pressure over the phone.

I’m kicking myself that I didn’t realise how confused and unnecessarily guilty he has been feeling , I just wanted to support him pressure free but should have tried to stop this whole deed in its tracks at the start.

If any solicitors have any advice that would be much appreciated.

If she's a solicitor and is using coercion under the guise of being a lawyer, would it be worth raising it with the Law Society for their advice?

Pretty sure there's a code of conduct she needs to abide by if she's acting as her own lawyer in this matter.

https://www.sra.org.uk/consumers/problems/report-solicitor/

Who is the solicitor he’s been talking to? I have seen many deeds with spelling mistakes etc, none of which would warrant being shredded and re-signed. As a pp said, it would usually just be written on and initialled. Usually, names and addresses are triple checked before drafting to ensure the people mentioned can be clearly identified.

Sounds like they need exaggerated bunny fingers when saying the deed “needs to be shredded”! Perhaps someone has had a conversation and is finding a diplomatic way to cover their ass. It’s sounds like it’s in the same category as “with the greatest of respect…” ie absolutely not what they mean at all.

While it would be lovely of the SRA to do something when a solicitor acts unethically, they’ll probably tell you they can’t do anything as she’s not your solicitor ie you have no professional relationship with her. Sucks, but unfortunately it’s true. I wouldn’t, however, think twice about emailing her senior partner and telling them what she’s been saying. The fact that she’s been using her professional standing to influence your dad is not acceptable. Quote what she’s said and use terms like “undue influence”…”intimidation”…”unethical” etc and that you’re sure her unethical conduct doesn’t represent their practice and as such you thought they should know what one of their staff has been up to.

Make sure your dad gets independent legal advice ie not the one who handled the estate and not the one who drafted the deed of variation. Preferably one from a completely different firm.

As a former SW, a call from social services telling her they are investigating elder financial abuse will stop the calls. Have you tried that route yet?