My Grandmother's house bought by Aunt behind Father's back

[markfaekilli]

My Aunt and her two daughters have purchased my Grandmothers council house but they have done it in my Grandmother's name. My Grandmother's son, my Father, was not told of this although when he had an idea what was going on he confronted his sister only to be told that the purchase was not going ahead.

Basically would my Father have any rights to appeal purchase or be given the option to be part of the purchase? Obviously as my Grandmother has been a tenant for a considerable time the purchase of the house would have been at an excellent price.

[123everton]

Is the house still in your Grandmother's name, I imagine it would have to be in order to get the discount.

[Rollo]

Your father has as much right to to "appeal the purchase" or "to be part of the purchase" as I do. That's no right at all.

[markfaekilli]

Yes I beleve it still to be in her name as there was mail lying from a local solicters addressed to her. From what I've heard I don't think my Grandmother relises what has happened exactly, she is almost 90...

[loonytunes]

So what's the problem? Is it just that he feels he's missed out on some unearned money? Granny has somewhere to live without having to worry about the rent. When she dies, her estate will be disposed of in accordance with her will. Has the aunt provided a mortgage or just given here the money? Was your father in a position to do the same thing?

[markfaekilli]

Obviously the opportunity for a share in the resale value of the house at any future date has to be considered. Although the main grievance my Farther has is the underhand way in which it has been dealt with. I believe it�s already clear he has no legal avenues to follow so must put it down to the old adage �you can choose your friends but not your family�. Thanks to all who have answered�

[stonekicker]

if you feel there has been some sort of wrongdoing or fraud/deception and that your gran has been taken for a ride, report it to the police and/or social services. if she really doesn't have the capacity to make such decisions then you can get support to challenge the case legally. be warned - it is a long and expensive road and no-one in your family will probably speak to each other again (or it will start ww3). good luck x

[factor-fiction]

I'm struggling to find what the problem is here, markfaekilli. When you say they have purchased her council house but it's still in Grandmother's name, I assume they put up the money and are hoping to sell it on once she leaves this earth- although that of course depends on the provisions of her will. In what way has your father lost out?

[redcrx]

he hasnt lost out as far as i can see. She has never owned the property so he wouldnt have inherited it.

There is obviously the dubious way in which they may have purchased it, as they arent the tenants of the property.

[cassa333]

The aunt is effectivly buying the house at a knock down price which she will sell for a profit later.

I would get you father to go and see his mum and find out from her if she knows what is going on.

If she is a bit ga ga and doesn't know. Get in touch with the council/social services and worn them that this is what they are trying to do.

If she is a bit ga ga and needs help then it might be an idea to get her into sheltered accomodation before they do buy it. That way no one gets any profit from, what in my oppinion, is fraud. (is it fraud?)

I understand the frustration of the underhandedness of it I am going through something similar with my late fathers estate and my brother.

[dzug]

It looks to me as though the aunt/daughters have made a gift of the house to your grandmother. They have no rights to it other than those that may be given in your grandmother's will or under intestacy rules if she doen't have one.

[factor-fiction]

Cassa333, you may be right- it's likely that the people who put up the money will have done so in return for the property being left to them..... but unless we know the terms of the will we can't be sure. For all we know Markfaekilli may be due a fair share of the proceeds of any sale after death. Or grandmother may outlive everyone, or may sell up and go on a cruise with the proceeds.

[Barmaid]

I see a lot of this. The purchase will have worked like this: Gran will have contributed her discount and the daughter will have contributed the rest (either in a cash sum or by way of an undertaking to pay a mortgage). Although the property will be in gran's name, I have no doubt that there will either be a Declaration of Trust saying that Gran holds the property on trust for the daughter until she ceases to reside. Failing that the daughter will undoubtedly claim a common intention construction trust that she is the "true" owner of the property.

Your father could potentially claim undue influence in respect of gran's "discount" - but this is very complicated and a specialist area so I would suggest you seek legal advice. There may be no merit in it at all (if I am wrong on the above), but it may just be worth checking it out.

[buildersmate]

At the end of the day, the council taxpayer is losing out - that means you and me.
An asset that belongs to the council is being acquired by a throd party outside the rules of how the scheme was supposed to operate - for the benefit of the council house tenant.

[Claud.Butler]

The property where your grandmother was once a tenant will now become hers as its been bought in her name.
Your aunt and her daughters may try to pressurise her to make a will leaving it to them. Why else would they buy a house for someone else if it wasn't in the expectation of a good profit someday?
Your father might contest the will on the grounds that his sister and her daughters brought undue pressure on your grandmother. If he was successful he would then probably be awarded a share of the property.
If he's successful then he will profit from an investment made by his sister and her daughters.
I don't think he'll be on their Christmas card list if that happens.

[Barmaid]

I am sorry Claud but your answer takes no account of a potential constructive/resulting trust argument based on the purchase of the property - this would operate independently of a will. Furthermore, undue influence is desperately difficult to prove.