Inheritance/ house in brother's name

S

shipibo

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A Chairde,

A friend of mine has an issue with his inheritance.

He is one of three sons, and recently found out that the family home is in his eldest brothers name.

In the 80,s , his parents business was in trouble, and under advice from solicitors , sold house to eldest son, he had no money, so they arranged a loan for him.

He wants to know where he legally stands , and he/ his other Brother do not get on with Eldest Brother.
 
Re: Inheritance/ House in Brothers name

I would have thought that his parents were entitled to sell their house to whomever they liked and if they sold it to their eldest son, then so be it.

Children have no automatic right to any part of their parents' estate/property. The only recourse children have is to make a claim that their parents' didn't provide for them properly. The court would consider this claim and taking into account factors such as the age of the children, their prospects in life, previous gifts/provision, parents means etc try to decide whether proper provision was made.

Another method, might be to show that the transfer of property was made under undue influence and that your parents were not correctly advised. Again the courts could set aside the transaction but given the length of time that has passed since the transaction and the fact that the eldest son paid for it (albeit with a loan) this may be difficult.

A solicitor would be able to advise on the likelyhood of any such claims being successful but he would need a lot more facts than those given above.
 
Re: Inheritance/ House in Brothers name

Thanks JPD,

Its a sticky home situation, and was just lookin for advice to pass on ....



Have a good weekend
 
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