Republic of Ireland Law
Republic of Ireland Law Questions Answered by Experts
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.
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.