A recent case in the County Court in London has cast a spotlight on the troubling issue of vulnerable elderly individuals and the questionable circumstances in which their assets can be significantly diminished before their death.

The case concerned an elderly widower who befriended a café waitress. Over time, she moved into his mortgage-free home with her children from a previous relationship. Eventually, the man transferred the legal ownership of his £650,000 property to the waitress by signing a transfer document, resulting in her being registered as the sole owner at the Land Registry.

Following the man’s death, his children—who had expected to inherit his estate—successfully challenged the transfer in court. The estate had been severely depleted due to the house no longer forming part of it. Although the waitress was listed as the legal owner of the property, the court ruled that the gift of the property was invalid.

Key findings of the court were, in effect, that at the time the deceased signed the transfer, the deceased did not fully understand the effect of his actions and that his decision to gift the property to the waitress was also the result of her undue influence on him.

Julie Bradwell, Associate - Litigation/C.T.A.P.S. Registered Contentious Trust and Probate Specialist

This case highlights a broader issue. Similar disputes can arise even before someone passes away. For example, I have been instructed in circumstances similar to the above, but where the elderly man has outlived the gifted “owner” of the property.

Another permeation encountered is where an elderly person is encouraged to sell their home and does so, then provides funds from the sale proceeds, without legal advice, towards buying another property in which to live, registered at the Land Registry in the sole name of another, so their financial contribution and interests may not have been protected at the time of purchase of the property, where the elderly person now lives.

These scenarios are known legally as contentious trusts or contentious probate matters. If you or someone you know is concerned about a situation involving disputed gifts of property, undue influence, or potential loss of inheritance, it is crucial to seek specialist legal advice as early as possible.

For advice on contentious trusts or contested probate issues, please contact Julie Bradwell, Solicitor Specialist in Contentious Trusts and Probate C.T.A.P.S. on York 01904 716000, Wetherby 01937 583210 or Malton 01653 692247 or email [email protected]

Who really owns the house?