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Disabled person losing home:

  • 13-07-2015 9:35pm
    #1
    Closed Accounts Posts: 580 ✭✭✭


    Jack is left the family house in the will. This house will fully be in Jack's name with Jack having all authority over the house and its deeds.

    Jane is the brother of Jack and is physically and mildly and mentally disabled. It was a condition of Jack getting the house that he lets Jane live there until the day she dies.

    Jack amasses a huge gambling debt and decides to remortgage the house. Jane, having no authority over this and no knowledge to it happening can not do anything to stop it.

    Jack cannot pay his debt and the house is repossessed.

    Should Jane be made homeless because of jack's recklessness and would she be entitled to any extra provisions because of her vulnerability?


Comments

  • Registered Users, Registered Users 2 Posts: 4,077 ✭✭✭3DataModem


    At the point of remortgaging the house, any lien or contract should have prevented it being used as security by the conveyancing solicitor. That assumes the agreement for Jane to live there was executed correctly and legally (indeed, if this agreement is even possible legally).

    What is more likely is that the statement in the will was not legally binding, and ignored by the solicitor who conveyed the mortgage.

    The above are possible answers to the legal question.

    Your final question is more of a moral question.


  • Registered Users, Registered Users 2 Posts: 78,580 ✭✭✭✭Victor


    Does Jack live there also? Does Jack have other assets?

    Possibly barred due to delay, but could the argument be made that the parents illegally disinherited the daughter?


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