Letter with a will

nom_de_plume

What was the arrangement when the property was transferred to the brother? Presumably the father didn't just give the property to him without some sort of a discussion on the future plans for it?


You may want to research "Constructive Trusts" which may be applicable in this case.

benidorm59

Gift with reservation in that the father could live in it till he died. It was always said the house would be split, but later this turned to a quarter as stated in the letter of wishes. The house wasn't in the will because it was transferred prior

Keep_pedalling

benidorm59 wrote: »

Gift with reservation in that the father could live in it till he died. It was always said the house would be split, but later this turned to a quarter as stated in the letter of wishes. The house wasn't in the will because it was transferred prior

Sounds like a bodged attempt to avoid care costs if required at a later date, but why give it just to one sibling?

Malthusian

Keep_pedalling wrote: »

Sounds like a bodged attempt to avoid care costs if required at a later date, but why give it just to one sibling?

Sounds like the sibling persuaded his father to hand over a load of his money in order to screw over the OP's friend. Possibly they made up some gibberish about care costs or inheritance tax as the pretext. It doesn't really matter, except to students of scamology.

As to why the father complied - for the sake of a quiet life, to avoid losing the child's company / care, emotional blackmail, take your pick.

Keep_pedalling

Malthusian wrote: »

Sounds like the sibling persuaded his father to hand over a load of his money in order to screw over the OP's friend. Possibly they made up some gibberish about care costs or inheritance tax as the pretext. It doesn't really matter, except to students of scamology.

As to why the father complied - for the sake of a quiet life, to avoid losing the child's company / care, emotional blackmail, take your pick.

Sounds about par for the course.

benidorm59

no it wasn't about avoiding care home fees the reason given was totally unfounded but the one was told they would get their share. The letter is not legal in law but it was written by the parent and seemed like their wish. They probably didn't understand that they didn't have full control of what was done with the property after death. One is entitled to all of it by law we know but the morals of keeping all of it is unfathomable. End of the family..