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Clare, Family Solicitor
Category: UK Family Law
Satisfied Customers: 34233
Experience:  25 years experience of all aspects of family law
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O, Need some advice on how to proceed/what I can do. In 1988

Customer Question

Need some advice on how to proceed/what I can do.
In 1988 my maternal Grandmother passed away and left money to both me and my sister. It was to be either invested or kept in trust until we both reached 25. My Father was given the responsibility of doing this. He has always refused to pass it on, saying we owe him the money back for our upbringing.
Approx. 10 years ago, I appointed Solicitors to act on behalf of me and my sister. They did so, and caculated what the money would be worth then, based on an Index (I can't remember what it was called). My Father agreed through his Solicitor that he did indeed owe this much and a charge was placed on his property. I agreed for the charge to be lifeted when he purchased another property with his partner of the time, he assured me the charge would go onto the new property, but when the time came refused to do so. From what I remember, the next step would have been court, which I wasn't prepared to do at the time.
He is now selling his property and planning to purchase another with a lady he met on the internet 6 weeks ago.
I would like to know what I can do to secure the funds, before they get 'invested' in the new property which is to be in the new partner's name. They are planning to use his money from the sale of the house to renovate.
I have the corrospondance from the previous Solicitors, with him agreeing he owes the money. I also have a copy of the will.
Any advice would be greatly appreciated.
Many thanks
Submitted: 1 year ago.
Category: UK Family Law
Expert:  Clare replied 1 year ago.

Thank you for your question

My name is ***** ***** I shall do my best to help you.

What your father has done amounts to criminal fraud and you can report it to the Police.

You can also sue him for the money using the Money Claim Online Service

Please ask if you need further details

Customer: replied 1 year ago.
Thank you for your reply. He also forced me and my sister to sign over our British Gas shares my Grandmother purchased for us (£4000 each) But I don't have any paper work relating to this, and am not to sure how to find records of that.I think in the first instance, I will look for representation in order to get a Charge placed on the property he currently owns and is trying to sell. Either that, or find a way to ensure the money is paid once the sale completes, I guess this would be a charge, then an order for payment? Is the Money Claim Online Service legally binding?I would rather not report him for Criminal Fraud, I will however advice him, and any Solicitor I deal with that I have spoken to you and that is what you have said.Thank you
Kind regards
Expert:  Clare replied 1 year ago.

You cannot get a Charge unless he agrees or there is a Court Order following your claim through the courts (which the money claim online service is part of)

You can register a Caution at the Land Registry which means he will have to tell you when it is sold - but that is all.