📨 Have you signed up to the Forum's new Email Digest yet? Get a selection of trending threads sent straight to your inbox daily, weekly or monthly!

Some advice please!

Options
Hi I was wondering if there anyone that can maybe give me some advice, if not could you maybe point me in the direction of getting some legal advice free online.

My problem is about a year ago I helped my father purchase his house on the right to buy with the agreement that if anything was to happen to him the house and contents would be left to me, he had a will made up stating this he also made me his power of attorney (Scotland), that was all fine till a few month ago when my brother fell out with his partner and decided to move in with my father and act as an carer.

Now what I’m faced with is my brother got any legal right to the house or contents belonging to the house, if so is there anyway I can stop this from happening before anything happens to my father.

One more thing can my dad sell his house without my say so, me having attorney of his estate.

I should mention that my brother and me don’t get on so speaking about this is not really an option.

If anyone can guide me in the right direction, then thanks in advance.
:cool: :cool: misters :cool: :cool:

Comments

  • zzzLazyDaisy
    zzzLazyDaisy Posts: 12,497 Forumite
    Part of the Furniture Combo Breaker
    Don't know anything about Scottish law, but certainly in England a person is free to revoke a Power of Attorney or Will at any time (unless they are mentally incompetent to do so). If that is the case in Scotland, then presumably your Father is free to change his mind and there wouldn't be much you could do about it? Hopefully someone on here will know more about how these things work in Scotland.
    I'm a retired employment solicitor. Hopefully some of my comments might be useful, but they are only my opinion and not intended as legal advice.
  • Don't know anything about Scottish law, but certainly in England a person is free to revoke a Power of Attorney or Will at any time (unless they are mentally incompetent to do so). If that is the case in Scotland, then presumably your Father is free to change his mind and there wouldn't be much you could do about it? Hopefully someone on here will know more about how these things work in Scotland.

    So what your basically sayin zzzlazydaisy is if my father revokes his power of attorney the he would be free to do as he likes to the house, even though i paid for it in his name?
    :cool: :cool: misters :cool: :cool:
  • Bossyboots
    Bossyboots Posts: 6,757 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    In England, you would have had a Deed of Trust drawn up. From what you have said, it looks as though you may have left yourself open to problems. Try googling for info on Scottish Property Law. I found something of use to another member a while ago but can't get back to it at the moment.
  • Thanks Guys for the advice and you are probally right, i have left myself wide open.
    Is there anyway that you can think of that i might be able to prevent anything going wrong, while i still have the chance?
    :cool: :cool: misters :cool: :cool:
  • You might find it worth giving the CLSDIRECT telephone advice service a ring Details here

    Another avenue of online advice are the newsgroups
    uk.legal
    uk.legal.moderated
    however with almost all sources of online advice you need to double check with other sources before taking any action however they may give sufficient information for you to be able to understand the issues.
    My weight loss following Doktor Dahlqvist' Dietary Program
    Start 23rd Jan 2008 14st 9lbs Current 10st 12lbs
  • chudies
    chudies Posts: 262 Forumite
    Part of the Furniture 100 Posts Name Dropper Combo Breaker
    hi
    this site has been recommended to me
    they offer free legal advice
    http://www.lawontheweb.co.uk/
    hope it helps and good luck!
    :grouphug: Lets hug!! :grouphug:
  • Thanx for the help, i will have a look at the websites when i have more time. :)
    :cool: :cool: misters :cool: :cool:
This discussion has been closed.
Meet your Ambassadors

🚀 Getting Started

Hi new member!

Our Getting Started Guide will help you get the most out of the Forum

Categories

  • All Categories
  • 351.1K Banking & Borrowing
  • 253.1K Reduce Debt & Boost Income
  • 453.6K Spending & Discounts
  • 244.1K Work, Benefits & Business
  • 599K Mortgages, Homes & Bills
  • 177K Life & Family
  • 257.4K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 16.1K Discuss & Feedback
  • 37.6K Read-Only Boards

Is this how you want to be seen?

We see you are using a default avatar. It takes only a few seconds to pick a picture.