As the first members of their family to buy property, Peter and Angela Andrews couldn’t have been more proud when they bought their three-bedroom detached house in the North of Scotland as newlyweds last year. 1963.
It was the perfect family home to raise their daughter, Sally, who was born soon after, and their son, Graham, who arrived three years later. Sally and Graham had a happy childhood, and the family remained close as the older siblings moved away from home.
Angela died last year, aged 84, leaving Peter alone in the family home. He has appointed Sally and Graham as executors of his estate, leaving the house and property in their names. There was no question in Sally’s mind that she and her brother would let their father live in the house, only to sell it when he died.
But although Graham, 53, and his father had a very strong family relationship, after his mother’s death he kicked Peter, 86, out of his home of more than 60 years.
When an award was filed five months after their mother’s death, Sally received the first of many ‘harmful’ calls from Graham’s lawyers asking for an eviction. their father.
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‘We had a really good childhood,’ says Sally, 57, who lives just 20 minutes from the family home. ‘There is no priority. My brother and I never exchanged words about our parents. I don’t know what changed it. He never thought money was important to him. I’m still trying to wrap my head around it. My father is always good with my brother and his wife. It’s crazy.’
Although Graham and his father had a strong family relationship, after his mother’s death he kicked Peter, 86, out of his home of more than 60 years (photo by students)
Unfortunately, because he is a working man, Peter is not on the title of the house, only Angela’s name, even though they bought it together. ‘(Mum) said something years ago, but I didn’t think much of it,’ said Sally.
‘She wants the safety of the house if Dad’s work gets in the way.’
However, as a joint owner, Peter pays half of the mortgage each month. He thought this would protect him, but it didn’t.
Angela may have done better financial planning decades ago, leaving Peter vulnerable to the wishes of his son, who managed to get his share of the £270,000 house. Ironically, his mortgage payments mean very little in the eyes of the law because he has to show that he has an additional value to the house.
Siobhan McGuigan, a partner at law firm Anderson Strathern, says: ‘You have a very difficult case to prove financial contributions. He may have a claim if he can prove that he has more value to the house, but it will cost a lot of money.’ If Angela had not left a will, Peter would have been better off and automatically entitled to inherit some or all of the home. This is because inheritance laws in Scotland differ from those in other parts of the United Kingdom.
The law distinguishes between inheritance – land and buildings – and movable property – other assets.
If there is no will, the spouse and partner can claim ‘pre-existing rights’ to everything, including the family home worth up to £473,000, as well as family property up to a value of £29,000. A share of the estate can also be claimed up to £50,000 if there are children, and £89,000 if there are no children. However, if there is a will, prior rights are ignored, and the next of kin can claim ‘legal rights’ over the movable property, even though the will does not have any assets.
With the lack of legal protection for Peter, Graham decides to choose money over the family which will be even more painful for Sally. ‘I know the boy I grew up with. How is he with himself?’ he said.
Sally wanted to take it to court, but her lawyer said she might lose and lose thousands of pounds. Sally contacted the Scottish Parliament, but was told her elderly father had no protection.
Graham asks to put the house on the market immediately, and Peter doesn’t have a home or money to buy a new place. Thankfully, Sally’s son had moved out of her home to live with his partner just a few weeks earlier, which meant that Peter could move in, but it wasn’t a permanent solution.
‘My dad is a very private person, he doesn’t want to be with me,’ said Sally. ‘I went to collect the money to buy him a house, but it was difficult to find a suitable house because of his mobility.’
Sally, who owns a small business, faces a six per cent stamp duty on buying a home for her father, as it is considered a second home, and buying a house in Peter’s name is problematic.
At the 11th hour, local authorities learned of Peter’s condition and found a one-room boarding house not far from Sally.
‘Someone looked down on him. Everyone was very lucky after all.’
All names have been changed
How to avoid losing your home in a family inheritance battle
Peter Andrews’ daughter Sally isn’t sure what she can do to help her own children, but her bad experience highlights some of the difficulties with Scottish tax law.
First, make sure your name is on the title books if you own your home.
You can also include a survivorship clause in your will, giving your spouse or partner an automatic right to inherit that person’s shares. If you want to pass your home on to your children or other family members when your spouse or partner dies, you should write that in your will.
Siobhan McGuigan, of law firm Anderson Strathern, says there are cases in which only one spouse is named because of financial difficulties. But because it’s done in a will the surviving spouse stays there, even if it’s in their children’s names. According to McGuigan: ‘Because it is a legacy to the children and there is no charge for the (intestate), and then it passes to the children, no legal rights attach to the property, except the movable estates. .’
These special aspects of Scottish law only apply if the deceased is resident – legally resident – in Scotland. So, if you have a second home in Scotland but are based in England, English law applies.
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