Can my house purchase be 'undone'?

beecher2

Oh dear, this is a bit of a mess. Suggest speaking to the solicitor who dealt with the purchase. The fact you don't seem to understand how power of attorney works is worrying and it sounds like you uncle might have a strong case to say your gran may not have been in sound mind.

Find it a bit confusing that the uncle is ommitted from the will, but he wants more money for the house. Sounds like he's more interested in contesting the will.

What a shame for the gran - sounds like a family scrabbling about for her money when the focus should be on her care needs.

schwam66

loubel wrote: »

You will need to clarify how your mum sold you nan's house without power of attorney? Or did nan sell you the property herself? You say she has dementia now, but was there any question of her capacity when she agreed to sell to you at an undervalue and when she signed the paperwork?

not really that undervalued is it? i mean valued at 230k sold no solicitors or estate agent to family 30k less, whats estate agent and solicitor usually 5k? not like valued at 230 and she got it for 150...sounds like they both were getting a deal if the idea was to get nan abroad asap so she could see out her final days and use the money herself i think 30k off sounds very reasonable for both sides.....

Eejay

So the house was valued at £230,000, or £210,000 to take into account repairs. If it was a 'normal' sale, whoever sold the house would have the freedom to choose to sell it for a little less to get it sold quicker... £200,000 sounds perfectly reasonable in that case. Of course prices will change - if it's worth £300,000 in a few years time, is he going to throw a strop then too? It's not as though you bought it for a massive discount - it sounds like you've done everything fairly in my opinion.

Sadly it sounds like pure greed on his part. This is what often happens with families when people get sick - absolutely no interest until they reckon they might get something out of it. My Grandparents spent a lot of time caring for my Great Granddad (he lived in a nursing home but they visited frequently and took him places, had him over for Christmas etc), and as soon as he passed away, the siblings who'd had little involvement were straight around rifling through his belongings to see what they could take. A few years later a similar thing happened with a more distant relative - that relative's close family had little interest until the end, and my Grandparents were as good as they had been with my Great Granddad, but as soon as the end came the family was suddenly very keen to get involved and see what they could get their hands on. Of course for my Grandparents it was never about the money or possessions, but it's sad to see how greedy other people can be. It sounds like you and your mum are in a similar situation unfortunately.

I hope everything works out okay and that your nan proves everyone wrong and has time left to enjoy with the members of her family who actually care!

Steph1962

I think as my mum has always dealt with things 'voluntarily' as no one else has bothered to help my nan she just carried on, and as her siblings knew but no one complained she assumed all was OK. With hindsight (why cant we have foresight instead?) she should have got a proper power of attorney.

The money was for my nan to use while she was alive - what the point when she is dead? It wasnt foreseen how quickly she would deteriorate.

The house wasnt sold cheap to rip her off, it was sold cheaper to get a quick sale. I suspect if it had been sold to someone outside the family it would not have been an issue.

princeofpounds

Please use paragraphs. It is very hard to read your large posts without them.

Either, your nan was of sound mind and can do what she like with her property or she was not of sound mind and there was a power of attorney set up and enacted upon that allowed your mother to handle her affairs.

If neither of those was the case, then your uncle can challenge the sale.

Silvercar has nailed it here.

You seem to be rather vague in your descriptions of the situation in this respect. Precision in your answers is everything.

What matters is not her condition now, but what her condition was at the time of the sale.

I presume that whilst your mother handled the sale, she did not do all the paperwork unless she had POA; it needs signing after all and I doubt she faked the signature?

Her solicitor should have been made aware of her age and condition as well; he might have had to satisfy himself about her mental competence. If he did that, that is useful evidence for you.

It will also be useful evidence if you can show your uncle knew about this and only complained after the fact.

bouicca21

You are missing the point. There is enough about the transaction to make it smell. You need to establish whether or not your man was competent to sign the documents for the sale. Talk to her doctor. If she was get it all in writing - cover your back. If she wasn't and isn't now then you need legal advice, plus you need to go to the court of protection so that someone is authorised to administer her finances. Even if the price for the house was ok, there is still the question of who will legally be able to use that money on her behalf.

beecher2

That's a good point - it is too late for power of attorney, but someone needs to apply for a court of protection
https://www.gov.uk/apply-to-the-court-of-protection
I take it the money from the sale is in your nan's bank account?

SuzieSue

princeofpounds wrote: »

Her solicitor should have been made aware of her age and condition as well; he might have had to satisfy himself about her mental competence. If he did that, that is useful evidence for you.

This is the most important point, did your GM sign the transfer deed in front of a solicitor?

loubel

schwam66 wrote: »

not really that undervalued is it? i mean valued at 230k sold no solicitors or estate agent to family 30k less, whats estate agent and solicitor usually 5k? not like valued at 230 and she got it for 150...sounds like they both were getting a deal if the idea was to get nan abroad asap so she could see out her final days and use the money herself i think 30k off sounds very reasonable for both sides.....

But the issue is whether nan made this decision or whether her daughter made the decision for her. The OP needs to be clear - was nan of sound mind when she sold the house?

TBagpuss

Silvercar is correct. The key issue is whether, at the time she sold the house, your grandmother had capacity. Provided that she did, then she was free to sell the house to you, and to do so at an undervalue (if the pricae you paid was an undervalue)

Did she have a real solicitor acting for her (as oppsoed to a cheap conveyancing factory)? If so, the first step may be for your mum to speak to them, to explain that a family member is casting doubt on Mum's capacity at the time she sold the house and ask them to confirm that they are happy they had instructions from her at the time.

If your nan is now suffering from dementia to the extent that she no longer has capacity then your other, or other family members, need to make an application to the court of protection so that they can manage her affairs for her, and if she does still have capacity then it may be wise to encourage her to see a solicitor (one who is a member of STEP and of Solicitors for the Elderly) with a view to drawing up a Power of Attorney so that they can help her with her affairs if she wants them to.


If your uncle is now saying that his mother lacked capacity then, then he would have to produce evidence of that - was she seeing a doctor at that time?