Council house sales- any legal eagles know about em?

Man_Friday01

I've got an appointment at CAB and a free 30 mins at a solicitors but both are over a month away so I'm looking for a bit of direction cos this situation is driving my old mum mad.

The situation:

My dad died last month and a number of things emerged from the reading of his will, all interlinked into a right old mess. The first one surrounds the purchase of their council house.

Both my parents were in their 80's and my dad had been ill with various pulmonary related illnesses for a number of years. Sometime in the last few years my brother persuaded my dad (who was ill at the time) to buy his council house on his behalf if he put the money up and made it was made clear the house would be signed over to him on the death of both my parents. This emerged upon the reading of my dads will.

Is this a legal arrangement? Is he allowed to profit from buying a council house in which he was not a tenant?

The ownership of the house at the Land Registry is still in my parents name.

I have no interest in what happens to the house or money invested therein.


This is part of a larger issue whereby my brother has obtained money from my father when my father was not in a fit mental state to understand what was happening.

Grateful for any direction on this:)

Richard_Webster

There's nothing in principle wrong with the father making a will leaving the house to the brother.

If the father didn't understand what he was doing then it is possible the will could be challenged on the basis of a lack of testamentary capacity.

If the brother put the money up then he might still be able to argue that he was entitled to a proportion of the value representing a refund of the proportion of the then value he put in. The proportion related to the discount was always the fathers which he could leave by will to the brother if he wanted. If the will is not valid then the brother could not claim for himself the part related to the discount.

Man_Friday01

Ok, and thank you. It was a point that I needed some clarity on before proceeding on other issues around financial matters that occurred before the death of my father.

I had been looking at documents relating to the purchase of the house and in the general bumph it stated something along the lines of " parties other than the tenant making the purchase would not be allowed to profit from the discount offered to the tenant" (very roughly!).

Richard_Webster

Ok, and thank you. It was a point that I needed some clarity on before proceeding on other issues around financial matters that occurred before the death of my father.

I had been looking at documents relating to the purchase of the house and in the general bumph it stated something along the lines of " parties other than the tenant making the purchase would not be allowed to profit from the discount offered to the tenant" (very roughly!).

If you want to stop him getting it all you must take action to challenge the validity of the will.

System

I assume that your parents bought the house as joint tenants rather than tenants in common? If so, the disposition of the house in your father's will has no bearing as ownership of the house will automatically pass to your mother without being part of the estate.

It could be argued (depending on who agreed to what) that the money that your brother lent for the purchase was to your father and as there is insufficient in the estate then it can not be paid back.

It is your mother's will that you need to look at.

Richard_Webster

I assume that your parents bought the house as joint tenants rather than tenants in common? If so, the disposition of the house in your father's will has no bearing as ownership of the house will automatically pass to your mother without being part of the estate.

It could be argued (depending on who agreed to what) that the money that your brother lent for the purchase was to your father and as there is insufficient in the estate then it can not be paid back.

It is your mother's will that you need to look at.

Yes, OP hasn't been clear as to whether the mother is still alive. If house is then if they were joint tenants then the will won't mean anything anyway as far as the house is concerned. I had assumed the father was the second to die.

System

I must admit, I assumed the mother was still alive but we do not have that info.

Man_Friday01

Yes, sorry I didn't make it clear, my mother is still alive.

And kicking.

Richard_Webster

Do you know whether they were joint tenants or tenants in common as far as the house was concerned or was it only in your father's name?

Most married couples would be joint tenants.

margaretclare

Richard_Webster wrote: »

Do you know whether they were joint tenants or tenants in common as far as the house was concerned or was it only in your father's name?

Most married couples would be joint tenants.

Might not be. I know of people in that generation who thought it was OK to buy the house in the husband's name only, as he was the breadwinner. Unbelievable, but I do know of people who did this.

McKneff

If your parents owned the house as joint tenants, the house automatically passes to your mother and she can do with it what she wants.

Hope it wipes the smile off your brothers face.