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Ask Buachaill Your Own Question
Buachaill, Lawyer
Category: Republic of Ireland Law
Satisfied Customers: 10528
Experience:  Barrister 17 years experience
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Recently, my mother, who is in care, but is not a or power

Customer Question

Recently, my mother, who is in care, but is not a ward or power of attorney, so legally in her right mind, signed a contract with my sibling to grant my sibling full rights to the family home while she is alive. My mother is a life interest in our family home, myself and my sibling the remainderman. I objected to this arrangement but it was done anyway, as i understand i have no rights to the property. My own view was that my mother did not fully understand what she was signing and was put under pressure. My mother now admits she didnt see the full ramifications of what it was
Is there anything, in reality, that can be done to reverse this ?
Submitted: 1 year ago.
Category: Republic of Ireland Law
Expert:  Buachaill replied 1 year ago.

1. IN this situation your mother can apply to set the transfer aside on the basis of undue influence. Basically, your sister exercised such a degree of influence over your mother su fch that the transfer should be set aside. Additionally, as your sister was the person who benefitted from the transfer, it can also be set aside if no value or money passed for it on the transfer. in such circumstances, the transfer was gratuitous and is reverable at any stage at the option of your mother. Accordingly, I would advise you to see a solicitor with your mother and get the transfer set aside before your sister deals further with her interest in it, such as by mortgaging or charging her interest, so it is worthless.

Customer: replied 1 year ago.
Thanks. I was told that a solicitor was present during the signing so it might be difficult to prove undue influence
Also. The contract of agreement stated that my sister would make improvements to the house by way of consideration. In my mind this could not be seen as valid consideration as it doesn't really benefit my mother ?
Expert:  Buachaill replied 1 year ago.

2. Just because there was a solicitor present when the signing took place does not prevent an action for undue influence. Your mother can also sue the solicitor here as the solicitor ought to have ensured your mother received independent legal advice in relation to the signing and not to have used the same solicitor as your sister. Secondly as improvements only benefit your sister as the owner of the property, with only tangential benefit for your mother, this does not really amount to consideration being given by your sister. It will not prevent the transfer being set aside.