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Thomas Judge
Thomas Judge, Solicitor Advocate
Category: UK Law
Satisfied Customers: 33008
Experience:  Award winning lawyer with over 15 years experience
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My husband and I entered into a verbal agreement with his parents

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My husband and I entered into a verbal agreement with his parents who took out a mortgage on their home and asked us if we would agree to pay their mortgage and in return we could have their house when both died as they were having financial difficulities. They asked us because they said they trusted us to continue with the payments and not try to force them from their home before they both died and we in return trusted both of them who were honest people. My mother in law died several years ago and I spoke to my father in law and asked him if he wished to change our agreement to benefit his other two children provided they contributed to the mortgage payment.The other two children did not want to contribute and my father in law stated that he wanted to abide by our previous agreement and we continued to py the mortgage for 18 years until he died. It now transpires that my father in law made a will and left 50% of the house to us not the 100% we had agreed on and 50% between his other two children. We are now stating that the original agreement which everyone was aware of was broken and would like to make a claim for the return of our payments with no interest from the Estate. Under Scots Law are we entitled to do this as the original verbal agreement was broken or does the will now override the original agreement.
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You are entitled to the sums which you agreed to if you can show that the sums were paid and are owing to you - basically that the father is in breach of the agreement which he entered into with you. basically the agreement would potentially take precedence over the will. The key will be for you to prove the terms of the agreement.

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Customer: replied 4 years ago.

How do we prove legally without anything in writing. All the family were aware of the agreement and we can prove we kept the payments up for 18 years. The sister is stating that as we are receiving 50% house this should eqaute to cover the payments we made. The verbal agreement was for 100% of the house but we are willing to forgo the other 50% if our payments are repaid to us. We believe my late father in law left us 50% in lieu of any interst we would have made. When you say the agreement takes precedent over the will do you mean that the house should not be included in the Estate and we are still entitled to ask for full payment on the house sale.

If you are the rightful owners of the house as per the agreement then there is an argument that it should be excluded from the will - as you have a right to the house pursuant to the agreement that you entered into with him. Basically you have an equitable interest in his share of the property. You would need to get statements from the family members if they agreed to this scenario - if you can not get such statements then the proof would be the mortgage payments.
I would also recommend that you speak to a solicitor who can write to the family explaining in detail your claim. Again it would be money well spent.
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