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Thomas
Thomas, Lawyer
Category: UK Law
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Experience:  BA (Hons), PgDip, Practising Solicitor
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My friends parents are trying to blackmail her by not letting

Resolved Question:

My friends parents are trying to blackmail her by not letting her move back into her flat, and move back home and then they will leave the property to her in their will what should she do.
Submitted: 3 years ago.
Category: UK Law
Expert:  Thomas replied 3 years ago.

Hi,

 

Could you explain a little more please.

 

Who owns the flat?

 

On what basis was she occupying the flat?

 

Why did she move out?

 

What are they requiring her to do in order to be permitted occupation of the flat again?


Kind regards

 

Tom

Customer: replied 3 years ago.
The flat belongs to my friend and she moved out of the family because she was getting married. Her parents have told to move back home and they will leave the family house to her In there will.
Regards,
Summer
Expert:  Thomas replied 3 years ago.

Hi Summer,

 

Thanks for your reply.


To clarify - your friend bought a flat which she moved in to. Her parents object to this and have said that if she moves back in to family home with them then they will leave it to her in their Wills.


Correct?

 

I accidently hit the "Answer" button, I meant to click the "info request" button. Please do not click accept to this post.

 

 

Tom



Edited by Thomas on 9/23/2010 at 3:29 PM EST
Customer: replied 3 years ago.
That's correct.
Expert:  Thomas replied 3 years ago.

Okay.

 

Firstly, blackmail in the legal sense is a criminal offence under the Theft Act 1968 and occurs when one person makes an unwarranted demand to another with menace (eg. threat of violence or some other illegal act) with a view to making a gain for themselves. This is not what we have here.

 

It appears that they are attempting to leverage your friend in to returning home on the promise that they will execute Wills leaving the house to here. A person is entitled to leave their estate to whomsoever they choose and on contingent terms such as this demand. Although unethical in my view, there is no illegality which could be enforced against them by their taking this position.

 

If she is an adult then your friend is free to live wherever she chooses, just as her parents are free to execute wills in accordance with their particular wishes I'm afraid. Please note though that if it is her parents who actually own the flat she moved in to then they could probably evict her.

 

She is just going to have to make a decision and put up with it, I would though sound a note of caution in that if her parents are manipulative enough to give her this ultimatum then there is no guarantee that further demands will not be made once she has moved back or, indeed, that they will actually execute Wills in accordance with their promise. It would be very difficult and expensive to enforce this promise if it subsequently transpires that their Wills do not leave the property to her.

 

If she is substantially financially dependent upon them immediately prior to their deaths and they do not provide for her in their Wills then she may be able to make a claim on the estates under the Inheritance (Provision for Family and Dependents) but this, again, is neither guaranteed or cheap.


If there is an element of the situation that I am unaware of then please mention it and I will let you know if it alters her position.

 

If this is useful please kindly click accept so that I may be rewarded for my time. It will be gratefully received and you will be free to ask follow up questions.


Kind regards.

 

Tom

Customer: replied 3 years ago.
My friend met a man and a relatiionship between them began and then they got married.They divorced about 5 years ago and she was left with the flat. Recently her parents are trying to force her to move back intro the family home ,and not move back Into the flat but she is not going to move back into the family home.
She had said that she is not going to move back into the family has as she wants her indepence.
Expert:  Thomas replied 3 years ago.

Hi Summer.

 

Well, in that case she is better off breaking the news to them gently, reassuring them that she is happy/well having her independence in the flat, does not do this to hurt them and hopes that, as loving parents, they can appreciate that.

 

It does not change the position with respect to their estates - they can leave it to whoever they choose to.

 

It's a difficult situation, she has my sympathies.


Hope this clarifies, if so please click accept.


Kind regards,

 

Tom

Thomas, Lawyer
Category: UK Law
Satisfied Customers: 6445
Experience: BA (Hons), PgDip, Practising Solicitor
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