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Original poster

Legal advice.. grandparents house

16 replies

Feefee90 · 11/06/2021 21:31

My nan and grandad sold their home to their son in law for £50,000 at the time it was valued at £120,000 because they was struggling financially and is able to live there rent free for the remaining of there lives. I believe my grandad was poorly advised in this decision. There is a document stating that my mother and uncle were aware of this decision however they wasnt. The son in law who bought the house has now died and the house has been left to his wife (my aunt and my nan and grandads daughter) her husbands will is in probate at the moment and the house is in question, being fought for by his non marital children.. I dont know if there is a case to be had as it seems very complex. I just know that this doesnt sit right with our family. Any advice welcome

OP posts:
Original poster
Feefee90 · 11/06/2021 21:35

Edit. Her non marital children

OP posts:
MimiSunshine · 11/06/2021 21:47

So the son in law bought it at reduced rate but has now left it to their daughter so it is effectively back in the family?

It also depends on who ‘lied’. The grandparents may have said they’d talked to your mum and uncle when they hadnt

loveisagirlnameddaisy · 11/06/2021 22:16

What issue are your hoping to solve? It isn't illegal to buy or sell a house below market value. The fact your mother didn't know is neither here nor there, it was your grandparents' property to sell and their decision to make.

Comefromaway · 11/06/2021 23:15

Assuming they were of sound mind at the time The only issue would be if your grandparents died within a certain time period then inheritance tax would be due. Or if they knowingly sold it below market value knowing they would imminently need social or residential care. Then it would be deprivation of assets.

Comefromaway · 11/06/2021 23:18

They could have just as easily done an equity release and still have had no house left at the end.

ThisIsStartingToBoreMe · 11/06/2021 23:21

A case to be had for what? I don't understand.

Dinosauraddict · 12/06/2021 00:42

If you're saying son-in-law's children are challenging the will, the only times in reality that ever has a hope of success is if the children are still actual children and need to be maintained, or if they were vulnerable adults for example and still being supported by their father. It's very rare (assuming you're England here) for someone not covered in the will to be able to gain anything (or for people to increase their share unless all parties agree and a deed of variation is used). I'm surprised grandparents sold to son in law in sole name though and didn't sell jointly to him and their daughter?

JaneExotic · 12/06/2021 05:29

I think the issues are:
GPs sold the house ridiculously, yet legally, cheaply to SiL, expecting to be able to live in it, rent-free, for the rest of their lives.

SiL has died but has left the house to his wife in his will (GPs daughter).

SiL’s children (from outside the marriage) are making a challenge for the house.

Is that right? I would think that as long as the decision is in the will, his wife gets the house. Were they still married?

Standrewsschool · 12/06/2021 05:58

@Comefromaway

Assuming they were of sound mind at the time The only issue would be if your grandparents died within a certain time period then inheritance tax would be due. Or if they knowingly sold it below market value knowing they would imminently need social or residential care. Then it would be deprivation of assets.
This.

They’re allowed to sell it to whom they want, and sil, as the now legal owner, is allowed to bequeath it to whom he wants.

Is it sil’s children from earlier (or later marriage) now contesting the will? We’re they expecting some of the inheritance? Was sil still married to daughter - if not, is that why children were expecting to inherit? Maybe part of the deal when he brought the house (why wasn’t in both names?) was that it would returned to his wife.

Lemonlemon88 · 12/06/2021 06:03

Are your grandparents still alive?

Original poster
Feefee90 · 12/06/2021 07:43

My grandparents are still alive.. but they are in ill health. The son in law has died. I don't know wether the house was sold to just SIL or daughter aswell. It's all been very secretive. But either way it's been left to her in the will. My aunt is fighting for more than shes been left which is why I think his children are fighting for my grandparents house. Ridiculous. Just greed the lot of them. SIL was still married to daughter at the time of his death. Again there probably isn't a case to be had but before either of them fall under anymore I'll health or the house is taken from them. I just wanted to be sure there was no way of getting the house back in my grandparents name. Such a stupid decision.

OP posts:
RainingZen · 12/06/2021 09:17

Was it really such a stupid decision? If they desperately needed cash, this was a way to release equity but still keep a roof over their heads. Presumably your aunt isnt going to kick them out, is she?

Seems like a lot of arguing and you should stay out of it.

Also seems very unlikely to crystallize an inheritance tax issue given the low valuation of the house and the fact you said your gp needed money, so presumably there won't be much else in their estate.

Dinosauraddict · 12/06/2021 09:33

If SiL and their daughter own it jointly the key factor is whether they own as joint tenants or tenants in common - this alters whether it passes automatically on death or it the will is actually relevant for the house. You haven't answered re provision/ages of his children either.

MimiSunshine · 12/06/2021 13:06

As the SIL and your aunt were married then I can’t really see how she didn’t part own your grandparents house even if the SIL was the one to buy it.

If they’d divorced during that time she would have to half unless she’d signed something to say she wasn’t (unlikely) so I would assume that SILs will is simply leaving his half of the house to her.

And it sounds like be left other assets / the rest of his estate to his children. Possibly your aunt isn’t happy about “only” being left her parents house and is fighting for more of other assets so his children are fighting back with demands on the grandparents house.

Stay out of it and let them fight it out. I doubt very much either will get anywhere

Ideasplease322 · 12/06/2021 23:01

Why do you think it was a stupid decision?

They had to sell it for less than market value if they wanted to live in it rent free.

Hopefully they spoke to a solicitor to secure their rent free residency. But, for example, if the commercial eatable vale for the house is £500, that’s £6,000 a year for the rest of their lives that has to be factored into the discounted price.

I assume their daughter will continue to allow them to live there rent free. It seems unlikely that his adult children could contest the will and inherit this house.

But I really don’t see how your grandparents could have the house retained to them, unless your aunt agreed to allow them to buy it back. Can they afford to do this? I assume they have spent the money?

Hawkins001 · 12/06/2021 23:42

All the best op

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