A recent, complex dispute over a property demonstrates the need for parents to take legal advice when either making a Will regarding property or transferring ownership of a property, to avoid a costly legal dispute later.
A father owned a property in
One of the two sons was married and he and his wife moved into the
The father and the second, unmarried son claimed that no such promise had been made. They argued the couple had permission to live in the property, but were wrong to suggest that the property had been promised to them if they renovated it. The father claimed the property still belonged to him.
The married son and his wife counter-argued that the father was either of insufficient mental competence or was being unduly influenced by his second son. A Will can be challenged either on the ground that the person making the Will lacked mental competence or on the ground that the person making the Will was under undue influence of another person, often if a new Will is hastily drawn up to the benefit of the person unduly influencing the will-maker.
The court found that it would be unjust for the married son and his wife not to receive the property after they had invested so much in renovating it after relying on the promises made to them.
The best way of preventing family disputes is to draw up a Will. A letter of wishes can be kept with a Will outlining why decisions have been made. Lawson West LLP can also refer you to independent financial consultants if there may be any inheritance tax issues. Please phone 01858 445480 for a free initial appointment now or complete one of the on-line forms. You can make an appointment at any of our branches in Market Harborough, Wigston or on Uppingham Road in
property to his two sons as tenants in common with equal shares for inheritance tax purposes.
property. Later the married son and his wife claimed that the father had agreed the property would become theirs if they maintained and renovated it at their expense. On the basis of that promise, they had invested a lot of time, money and effort in renovating and maintaining the property.
