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I have been helping a lifelong friend. He is to a degree in some areas of life , vulnerable and open to having the micky taken out of him, by employers, other people etc , due to the fact he had a serious brain injury in his teens which left permanently with epilepsy and irreversible brain damage. He does however lead a simple life, heavy manual work and assists local farmers with pest control and game keeping, a job he has done since his accident, as he did not finish his education.
He has lived in the same house all his life and maintained the home. He lived and cared for his mum until she went into a care home 4 years ago. His brother and Mum bought the council house, her share was greater as she has RTB discount. My friend was told by his brother , he was on the deeds so they will keep the house on the family and he can live in it until he dies, giving him reassurance he would always have a roof over his head, but he must share payment of the mortgage. My friend agreed and paid his Brother a large sum each month for 10 years (his brother would also pay for 10 yrs) My friend has looked after the property and paid for many large costs improvements. New windows etc..
His Mother died and sadly, since her death so much financial abuse has been exposed, by way of his brother and wife acting as enduring power of attorneys for his Mum. My friend is beneficiary of her will, 50/50 split with his brother.
It has come to light a local authority charge is now on the property for unpaid care home fees. A 6 figure sum. he was told by his brother, his Mum “had opened her mouth and let slip she had a house” . My friend was given 2 weeks to get out of the house as it had to be sold to pay the LA and he will get £25K from his mums estate. The currently market value of the home is £500K +.
I encouraged him to get legal advice , which he did. He has since found out the house has a charge on it , by the local authority, his Mum post office account was emptied as soon as her pension and benefits were paid in, the care home was never paid any contributions, the house was never declared , he did not exist , his home and brain injury were never declared, even though he was told , the council knew about him, they said he didn’t count as a disregard “as he worked” His name is not on the deeds. His name is not on the mortgage. There was no mortgage, however, there have been 3 re mortgages, as the property value has gone up, clearly so has the equity, the brother and wife have helped themselves to the equity over the years, even buying a new home for themselves. The remortgages have all been secured on my friends home. My friend has paid his brother in total £34,000. His brother is now saying this is “rent” as he owns the house.
£7k solicitor fees later, one solicitor is challenging the LA charge and attempted to get the charge lifted, as she considers he meets the incapacitated criteria. My friend has provided all proof, but they now want uptodate information. More money.
The other solicitor has advised he has beneficial interest and now it is clear the Deed of Trust (50/50) has expired and never renewed , his brothers copious remortages are in fact him withdrawing his share , and more, meaning his Mums share at death was 81% and the brother was 19%. The solicitor has backed all this up with figures and documents etc. There is now a restriction on the property, the land registry accepted it, and they have yet to object.
Both solicitors have requested documentations and evidence from executor’s solicitor. The solicitor is refusing to provide any and not co-operating in anyway. It’s just money down the drain, writing to them.
Now a developer wants the property, the letters were addressed to his Mum and brother, but all came to his address, (as did the land registry papers, clearly LR have not been updated on brothers new home and address) My friend has the letters from the developers, given what he has discovered , he no longer trusts his brother and his wife. His brother and he are no longer on speaking terms. He bravely gave his brother the LR letter in his hand.
His brother’s wife is clearly in control and really vicious in the past to my friend and would see him dead. They hate each other immensely. The wife is employed as a home carer to vulnerable elderly adults, and “in the know”. As a carer myself, paid and unpaid, I find this part of it all, disturbing.
The brother solicitor says my friend is obstructing his duty to deal with the estate, my friend’s solicitor says they are protecting his legal rights to his home. The other solicitor insists the LA charge, deferred payment arrangement (DPA) should have been entered into without my friends knowledge and without disclosing his incapacity.
Now, My friend has run out of money. Im worried about his health. I feel responsible in a way he is nearly broke, and nearly homeless, and alone and still grieving his loss.
So the question are ...
Can the executor and his solicitor now go ahead and put the house on the market without his knowledge?
Would anyone want to buy it if there is someone living in it and refusing to move?
My friend has been advised only a court order will have to be made to get him out. He has been advised he has a strong case for beneficial interest. His brother has been dishonest and that does not put him in good light.
What happens to the loans secured on the property now? We know about the loans as all the paperwork is addressed to his mum and brother. My friend was advised to” come clean” about some of the letters, especially the developers as there is a window to negotiate, but my friend has said no, he will happily suffer any come backs, he does not mind if this puts himself in good light also. He is leaving his home in his box. He has paid the mortgage. End of.
What would you advise?
As the EPA is no longer valid, my friend wants them to be reported for fraud to action fraud uk. His Mum was totally incapacitated by stroke and had limited mental capacity, hence, EPA, however, there is a scrawl next to her name on some documents. ?? Can this be legally binding??
Any signposting would be helpful. After 10 months , 3 threatening letters from his brother , all his savings gone , what now?
My friend wants to know , can the loan on his house be taken from his brothers house ( he owns a £600K property outright, as he used the equity to cash buy it) hence pot is empty.
I have been helping a lifelong friend. He is to a degree in some areas of life , vulnerable and open to having the micky taken out of him, by employers, other people etc , due to the fact he had a serious brain injury in his teens which left permanently with epilepsy and irreversible brain damage. He does however lead a simple life, heavy manual work and assists local farmers with pest control and game keeping, a job he has done since his accident, as he did not finish his education.
He has lived in the same house all his life and maintained the home. He lived and cared for his mum until she went into a care home 4 years ago. His brother and Mum bought the council house, her share was greater as she has RTB discount. My friend was told by his brother , he was on the deeds so they will keep the house on the family and he can live in it until he dies, giving him reassurance he would always have a roof over his head, but he must share payment of the mortgage. My friend agreed and paid his Brother a large sum each month for 10 years (his brother would also pay for 10 yrs) My friend has looked after the property and paid for many large costs improvements. New windows etc..
His Mother died and sadly, since her death so much financial abuse has been exposed, by way of his brother and wife acting as enduring power of attorneys for his Mum. My friend is beneficiary of her will, 50/50 split with his brother.
It has come to light a local authority charge is now on the property for unpaid care home fees. A 6 figure sum. he was told by his brother, his Mum “had opened her mouth and let slip she had a house” . My friend was given 2 weeks to get out of the house as it had to be sold to pay the LA and he will get £25K from his mums estate. The currently market value of the home is £500K +.
I encouraged him to get legal advice , which he did. He has since found out the house has a charge on it , by the local authority, his Mum post office account was emptied as soon as her pension and benefits were paid in, the care home was never paid any contributions, the house was never declared , he did not exist , his home and brain injury were never declared, even though he was told , the council knew about him, they said he didn’t count as a disregard “as he worked” His name is not on the deeds. His name is not on the mortgage. There was no mortgage, however, there have been 3 re mortgages, as the property value has gone up, clearly so has the equity, the brother and wife have helped themselves to the equity over the years, even buying a new home for themselves. The remortgages have all been secured on my friends home. My friend has paid his brother in total £34,000. His brother is now saying this is “rent” as he owns the house.
£7k solicitor fees later, one solicitor is challenging the LA charge and attempted to get the charge lifted, as she considers he meets the incapacitated criteria. My friend has provided all proof, but they now want uptodate information. More money.
The other solicitor has advised he has beneficial interest and now it is clear the Deed of Trust (50/50) has expired and never renewed , his brothers copious remortages are in fact him withdrawing his share , and more, meaning his Mums share at death was 81% and the brother was 19%. The solicitor has backed all this up with figures and documents etc. There is now a restriction on the property, the land registry accepted it, and they have yet to object.
Both solicitors have requested documentations and evidence from executor’s solicitor. The solicitor is refusing to provide any and not co-operating in anyway. It’s just money down the drain, writing to them.
Now a developer wants the property, the letters were addressed to his Mum and brother, but all came to his address, (as did the land registry papers, clearly LR have not been updated on brothers new home and address) My friend has the letters from the developers, given what he has discovered , he no longer trusts his brother and his wife. His brother and he are no longer on speaking terms. He bravely gave his brother the LR letter in his hand.
His brother’s wife is clearly in control and really vicious in the past to my friend and would see him dead. They hate each other immensely. The wife is employed as a home carer to vulnerable elderly adults, and “in the know”. As a carer myself, paid and unpaid, I find this part of it all, disturbing.
The brother solicitor says my friend is obstructing his duty to deal with the estate, my friend’s solicitor says they are protecting his legal rights to his home. The other solicitor insists the LA charge, deferred payment arrangement (DPA) should have been entered into without my friends knowledge and without disclosing his incapacity.
Now, My friend has run out of money. Im worried about his health. I feel responsible in a way he is nearly broke, and nearly homeless, and alone and still grieving his loss.
So the question are ...
Can the executor and his solicitor now go ahead and put the house on the market without his knowledge?
Would anyone want to buy it if there is someone living in it and refusing to move?
My friend has been advised only a court order will have to be made to get him out. He has been advised he has a strong case for beneficial interest. His brother has been dishonest and that does not put him in good light.
What happens to the loans secured on the property now? We know about the loans as all the paperwork is addressed to his mum and brother. My friend was advised to” come clean” about some of the letters, especially the developers as there is a window to negotiate, but my friend has said no, he will happily suffer any come backs, he does not mind if this puts himself in good light also. He is leaving his home in his box. He has paid the mortgage. End of.
What would you advise?
As the EPA is no longer valid, my friend wants them to be reported for fraud to action fraud uk. His Mum was totally incapacitated by stroke and had limited mental capacity, hence, EPA, however, there is a scrawl next to her name on some documents. ?? Can this be legally binding??
Any signposting would be helpful. After 10 months , 3 threatening letters from his brother , all his savings gone , what now?
My friend wants to know , can the loan on his house be taken from his brothers house ( he owns a £600K property outright, as he used the equity to cash buy it) hence pot is empty.
