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house signed over under duress:(

My friend's Mum died in Jan 2007, her Dad was left in the house which he then owned outright.Her Brother put him under a lot of pressure to sign the house over to him, which he did, then the Brother hasn't come up with any money at all, and the house is signed into his sons name, ie the mans Grandson(they have a business together, and everything is in his sons name cos he is so dodgy:mad: )
Subsequently the old man who's 80, has been diagnosed with stomach cancer and has just had a major op to remove 3/4 of his stomach.He is now understandably worried he will never see his money.Is there anything the family can do legally, as it seems he was vulnerable when he signed the house over, as he was grieving and terminally ill:(
"You can't stop the waves, but you can learn to surf"

(Kabat-Zinn 2004):D:D:D
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Comments

  • ad9898_3
    ad9898_3 Posts: 3,858 Forumite
    Their are some real wa**ers out their
  • epz_2
    epz_2 Posts: 1,859 Forumite
    if the relative is claiming it was a gift then i think they would be liable to pay income tax on the value of the house, that might be a way to apply some pressure.
  • I think you need to dig a little deeper.

    You can't just "sign a house over" - you need to have certain forms signed to confirm the change of ownership with the Land Registry. The form is different, depending on whether money changes hands - or not.

    Are you sure the house has been signed over? Have you looked at the property's entry on the Land Registry? Is the brother just "bluffing"? :confused:
    Warning ..... I'm a peri-menopausal axe-wielding maniac ;)
  • Warning ..... I'm a peri-menopausal axe-wielding maniac ;)
  • candygirl
    candygirl Posts: 29,455 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    sorry, god knows how that happened:o
    "You can't stop the waves, but you can learn to surf"

    (Kabat-Zinn 2004):D:D:D
  • hi
    I dont know if this is relivant but if he was ill and grieving couldn't he contest it if he has signed it over as he was not in a mental state to enter into a contract type of thing?
    just a thought and im sure someone will reply if its possible or not

    Rhiannon
  • candygirl
    candygirl Posts: 29,455 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    I think you need to dig a little deeper.

    You can't just "sign a house over" - you need to have certain forms signed to confirm the change of ownership with the Land Registry. The form is different, depending on whether money changes hands - or not.

    Are you sure the house has been signed over? Have you looked at the property's entry on the Land Registry? Is the brother just "bluffing"? :confused:
    They made him pay £500 at a solicitor for it to be signed over:confused:
    "You can't stop the waves, but you can learn to surf"

    (Kabat-Zinn 2004):D:D:D
  • the other thing i forgot to mention was to speak to cab there really good on alot of issues
  • candygirl
    candygirl Posts: 29,455 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    the other thing i forgot to mention was to speak to cab there really good on alot of issues
    Thanks hun, i'll pass it on:D
    "You can't stop the waves, but you can learn to surf"

    (Kabat-Zinn 2004):D:D:D
  • olly300
    olly300 Posts: 14,738 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    candygirl wrote: »
    They made him pay £500 at a solicitor for it to be signed over:confused:

    You need to find out exactly what "piece of paper" the old man signed because as epz said:-

    http://www.direct.gov.uk/en/MoneyTaxAndBenefits/Taxes/InheritanceTaxEstatesAndTrusts/DG_10013054

    Read the part about giving gifts to children and follow the other links. It's similar if you give gifts to any other family member unless they are your spouse or civil partner.

    The easiest way is to get the old man to write a letter to the solicitor asking questions. (Someone can help him with this.)
    I'm not cynical I'm realistic :p

    (If a link I give opens pop ups I won't know I don't use windows)
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