Probate solicitor decided he wants half the house

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Sarah and dan
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by Sarah and dan » Thu Jul 13, 2017 4:01 am
Hello out there,
Can anybody please help, we are at our wits end and close to breaking point. My Partner has 18 months left of his Iva.. when he brought his property his parents lived with him and for their security he put them on his deeds in case of his death. This was done with a deed of trust. He entered the Iva as he had a business he could no longer sustain due to his parents being very ill and was paying for their treatment and could not work due to looking after them full time. Without his siblings help.. when they died a year apart his mothers death being last on Dec 2015 a Probate solicitor decided he wants half the house because as he claims he severed the Tenancy ( joint) with his late mother due to being in a Iva. We have been to Land Registry who found it completely groundless as we have a deed of trust stating that they had no monetary interests in the property and were on the deeds for their protection. So in this solicitors wisdom he has now taken this to the tribunal service 1st tier. We have put a case together by our selves as we have so much evidence. The judge has asked the solicitor several times for evidence to which he has nothing other than "in my opinion " I have lost my job over this solicitor and My Partner is doing what he can to make all his contractual Iva payments and our mortgage.
We have been on the government web site that states the only way you can severe a Tenancy is bankruptcy and a Iva is not bankruptcy....
Can anyone give us any advice as we can't afford a solicitor and no win no fee is not a option as they want 25% of the price of the property if we win. And we don't qualify for legal aid. We are worried sick and desperate for sleep and My Partner has become very depressed. Your my last hope for advice on this matter
Thank you in advance for any advice
Last edited by Sarah and dan on Thu Jul 13, 2017 8:29 am, edited 1 time in total.
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Foggy
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by Foggy » Thu Jul 13, 2017 7:03 am
Hi. Sorry to hear of these troubles. I agree with you that the Tenancy was not severed -- an IVA is NOT bankruptcy, and is governed by it's own rules and regulations.

Hopefully an Expert will respond and give you some better advice ... but it does look like the judge is, at least, looking at it from your point of view. If it does come down to it --- losing 25% on "no win no fee" is better than losing 50% to the probate shark.
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kallis3
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by kallis3 » Thu Jul 13, 2017 7:09 am
You could also think about making a complaint about the solicitor to the Law Society.
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Ryan
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by Ryan » Thu Jul 13, 2017 7:24 am
I have to agree with Kallis - also worth contacting the Office of Fair Trading I would imagine.

All the best with it.
Sarah and dan
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by Sarah and dan » Thu Jul 13, 2017 7:39 am
We have reported him to the law Ombudsman. The bar council and they won't look into this until this matter is over..
We did consider the no win no fee solicitor but then we would have to try and raise that money or sell the house and we can't do either as in a Iva with a charge on the property. So frustrating!!!!!!!
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Michael Peoples
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by Michael Peoples » Thu Jul 13, 2017 8:28 am
Has your partner discussed this situation with his IP? I am sure there is a restriction against the property so his IVA would have an interest therefore the IP may need to get legal advice to protect the interest of creditors. This can be done as a cost of the IVA so perhaps a word with the IP would be useful.
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kallis3
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by kallis3 » Thu Jul 13, 2017 8:30 am
https://www.lawsociety.org.uk/

Is this the one you went to?
Sarah and dan
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by Sarah and dan » Thu Jul 13, 2017 8:33 am
Good morning
We did not know this. Thank you we are phoning the IP now for their advice. Will let you know how it goes
Thanks again
Sarah and dan
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Joined: Wed Jul 12, 2017 8:52 pm
by Sarah and dan » Thu Jul 13, 2017 8:34 am
Morning kallis yes this is the one.
Sarah and dan
Posts: 5
Joined: Wed Jul 12, 2017 8:52 pm
by Sarah and dan » Thu Jul 13, 2017 8:35 am
kallis3 wrote:
https://www.lawsociety.org.uk/

Is this the one you went to?



Yes and the law Ombudsman
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