Home joint ownership

Discussion in 'Just Talk' started by Ryluer, Oct 31, 2014.

  1. madhatter1uk

    madhatter1uk Well-Known Member

    I'm involved in an extremely complex and expensive legal wrangle . My mum and brother lived in a council house. NWBC were asked if my brother could have the tenancy because if we couldn't we'd buy it. NWBC said yes, he'll be asked to downsize but couldn't be made to.
    This was three years ago. two and a half years ago mum had a stroke just before new year and was taken to hospital . she stayed there for four months. once she went into the home NWBC changed their minds, said dad signed the original tenancy agreement and wanted the house back. I then asked mum if she wanted us to buy it, which she said yes . Got her to sign the paper work. NWBC refused it, saying that they were suspending it pending a mental health assessment. mum died one and a half years ago.
    It's now come out that NWBC changed their records from dads sole name as on the original tenancy agreement to mums sole name, even though there's apparently no tenancy agreement in her name. dad signed it 15th Jan 1957, by the 21st Jan 1957 their records listed mum as sole tenant. All rent cards were in mums name, all debt cards were in mums name.
    added to the fact that i see no proof that mum was mentally incapable of signing the right to buy at the time that she signed it, and a deprivation of Liberties Safeguarding can't be used to ascertain mental health for financial reasons. I think we have a good case. it costing a small fortune though. as you know i'm on the sick at the moment. I'm put a fundraiser for 12k on Go fund me but not having much luck because of the right to buy element . It's not actually me that's buying it, I'm being took to court as mums representative.
    If these financial decisions had been sorted before her death non of this would have happened.
     
  2. joinerjohn1

    joinerjohn1 Screwfix Select

    Just picked up on this thread again (never noticed it , getting side tracked on the EU one) How can she have signed a new will if she was on a high dose of morphine? Christ I've seen patients in hospital on a syringe driver,, they're unconscious. Even if she was not on a syringe driver, the morphine would have affected her ability to make an "informed decision". Glad to hear the police have been involved though. Something just doesn't seem right with her son drawing up a new will , so shortly before she died. Like I've always said, where there's a will, there's greedy relatives (and I don't mean you Ry)
     
  3. Rogerdodger1

    Rogerdodger1 New Member

    Just want to update this. I'm ryluer. Hope I won't get kicked off.
    18 months now since cruella passed away.

    My Dads doing fine still.
    Last april my Dad visited his old marital home and cruella's son was there waiting for him.
    He had a letter printed which he made my Dad write out and then sign. We cannot get our heads around why our Dad did this. We only found out this week.
    Perhaps his state of mind is not whet we think it is.
    I won't print the wording up here but it basically stated that my Dad has no further wish to pursue the case.
    Game over. Or so we thought.
    Cruella's son made a second will and a son cannot make his mothers will. So we are led to believe and the devastating letter they forced my Dad to write is now null and void.
    Along with the second will.

    The solicitior representing my Dad is now off the case as we found out he was not pushing the case in our Dads favour and we think he may have some kind of personal relationship with Cruella's son.
    Who is also a high profile solicitor.
     
  4. Blimey, Wry!

    Welcome back :)

    What an utterly tragic situation.

    There must be something you can now do. There must surely be a higher authority you can go to? There has to be an ombudsman of some sort?

    Your dad signing that letter when he visited the family home must be highly suspect; I can't see anyone being convincved it was done for any other reason than intimidation.

    It does sound very very fishy, all of what you say. If your solicitor had been acting properly on your behalf, then it seems to me as tho' it should have been a fairly straight-forward case for him/her to handle; your lovely step-mum's will being 'signed' whilst she was on high doses of morphine, your son re-writing a will, your dad being presented with a prepared letter which he signed when he had previously shown no inclination to drop the case...

    You need a proper solicitor, and possibly even more - can you take your suspicions to the police?

    Anyhoo, good to hear your dad is still going, and hope things are otherwise well with you too.
     
  5. I don't know if you've tried any on-line forums Other than SF...) to see what sort of answers you get? At the very least I'd hope they could point you in the right direction - how to escalate this case?

    Eg: http://www.thelawforum.co.uk/forums/ask-question-here

    Or, the next step: http://www.sra.org.uk/consumers/problems/report-solicitor.page At least ask their advice. Keep to the pure facts, make no assumptions/presumptions. I think there's enough in what you've told us to raise serious concerns.
     
  6. retiredsparks

    retiredsparks Well-Known Member

    a post from 2014...pmsl.
    RS
     
  7. Pssst - it's the same guy, RS.

    and you two have a hell of a lot in common...

    :)
     
    chippie244 likes this.
  8. Ouch, I suspect Rodge has been banned 'again' :(

    (Blimey, Wry must have done summat really bad a year or so ago... :oops:)

    Assuming he cannot reply but is possibly still watching, does anyone have any advice?

    He's 'sacked' his current solicitor as he hasn't actively pursued this case, and he also suspects they were, to some degree, acting in cahoots with the son-in-law.

    Over the past year or so, this seemed like a pretty open and shut case for Wry & his dad; step mum was very ill and on large doses of morphine. Her son somehow managed to make her change her will (to his benefit) under these conditions. Her son also managed to make Wry's dad sign an "I give up all rights" disclaimer, and her son also managed to rewrite his "mum's" will after her death.

    Call me suspicious, but I'd have thought that all that (and I think there was more) would have been easy meat for a semi-conscious solicitor to take on on behalf of Wry and his dad? Most solicitors would have wet themselves at such a delicious case, and would also have been itching to hand over their findings to the cops.

    So, why didn't this one? Sheer incompetence? Or worse?

    I think this is a cracking case to pass on to the financial regulators to investigate, Wry.

    It is, of course, your call whether you do so. But I wouldn't let these scallies get away with it.

    At least ask on one of the forums I suggested. At least take advice from CAB.
     
  9. chippie244

    chippie244 Well-Known Member

    My aunt's solicitors got right of attorney over her estate and stripped it bare, my Mum tried to fight it but was in ill health herself and ended up, as the only surviving relative, with £4000 out of a £500 000 estate.
     
  10. :eek:

    Did these solicitors 'justify' this expenditure, Chips? Was it done for your aunt's 'benefit', to keep her 'looked after'?

    With any PoA, there are annual (?) accounts that need submitting to ensure no-one is pulling a fast one. I presume the same occurs when solicitors are handling it?
     
  11. chippie244

    chippie244 Well-Known Member

    She was dead.
     
  12. They stripped a £500,000 estate after her death leaving only £5k?!

    That must have been some funeral party.
     
  13. chippie244

    chippie244 Well-Known Member

    They stripped it while she was living.
     
  14. Make up yer mind, man - was she deed or no?!
     

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