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sdm038
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Last Activity: 25-09-2017, 11:21 AM
Joined: 27-07-2011
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  • I agree with you leaseholder64 - but when someone with an LPA is motivated purely by greed they are not going to respect someone else's wishes, especially when the donor already lacks mental capacity. And its going to be difficult to prove....
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  • Thanks leaseholder64 - I agree with what you are saying - and as far as Mental Capacity goes, it has to be judged on a 'decision' basis, ie Dad could be able to understand and decide if he wants to sell his house one day, and decide against it, and the next day may have forgot what he said, and change...
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  • Got it, thanks, I know this isnt the place to ask about LPAs, but was actually just trying to find out if I had any legal rights in terms of being a tenant, which clearly I don't. Think it's time to get a solicitor!

    Many thanks...
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  • Many thanks for the reply jpkeates. It's interesting what you say about it being a family law issue. I hadn't considered that. I am in agreement with you that he does not have to go to the courts to get possession of property, and could change the locks at the end of the notice. It's a minefield really...
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  • Thanks Mariner - I agree i don't have a tenancy agreement, and yes been invited to live there, so no im not trespassing - the Notice to Quit says my licence is no longer appropriate - not sure what that means!

    Father has left property half to me and half to my brother.

    Thanks...
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  • Well that's odd because i definitely asked "To cut a long story short, do I have any rights to stay here whatsoever" - im not asking for IHT information, was just giving background as to why im being evicted!!...
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  • Hi LondonSW, thanks for the reply, but the question was more about my rights to stay in the property, not to do with Inheritance Tax
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  • Hi Wannadonnadoodah - I had a look at that - but i've had people tell me different things also, especially since I am family, and my father does not actually live in the house....
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  • sdm038
    started a topic am I an excluded occupier??

    am I an excluded occupier??

    Am trying to find out my legal position, if any - here are my circumstances in brief - living in my fathers home in London, he lives in Italy, been here over 5 years, don't pay rent, been looking after the place for him, and also was in Italy looking after him and mother on and off. Recently brother...
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