Agreement

[Ambu]

Can anybody give me some advice please my parent divorced 35 years ago as part of the settlement my mum accepted a very small amount on condition that it my dad remarried that the house must be left to myself and my sibling would this still be enforceable as my dad now elderly has decided to leave everything to his stepson , my mum understandably is very upset by this but her solicitor says as agreement is so old it’s null and void , personally I’m really not bothered as I don’t have anything to do with him but my sibling does any thought’s

[Sam101]

Unfortunately people do change their mind and agreements made verbally can not always be enforced. Too late after the event, but it could have easily been arranged for the home in question to be charged in the Land Registry, preventing it's sale without settlement.

If your Mum was legally represented when she divorced, then the lawyers in question may have failed her in their duty to protect the agreement. It may still be too long ago to take any action. Some Lawyers are better than others.

[Ambu]

Thank you I believe it was a written agreement as part of divorce settlement

[Sam101]

Do you know if it was done through the Court or with a solicitor?

[Ambu]

Think it was solicitor

[Sam101]

If you find their details you could always try and see if they can help, if you can't, just forget about it but its a great shame that the solicitors did not look after your Mum the way they should have.

[Ambu]

If it went through court would that be different sorry to keep asking questions

[Sam101]

You would need to take advice of a solicitor on that, It would depend on the actual agreement entered into and if it was considered not to have been done in the best interests of the client, your Mother.