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Posted on: Wed, 02/06/2008 - 15:48
st3pbyst3p
Posts: 10
Joined: 2008-01-24
User is offline

1) Grandma had an agreement to pass the house to her grandson after she pass away.

Both parties knew and acknowledge the agreement.

2) Forgetting the earlier agreement, Grandma sold the house to her neighbour.

Now that Grandma is dead, the grandson wants to claim the house.

Advise the grandson.

 

Thank you.

 

Posted on: Thu, 02/28/2008 - 10:16 #1
adrian
Posts: 173
Joined: 2007-12-06
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Ask the Grandson to Sue the Grandma of Course

This is only if there is an ITCLR - the challenge now is whether the Grandma died testate or intestate

What do you think? 

Posted on: Sat, 04/12/2008 - 02:01 #2
GIBBZE2
Posts: 2
Joined: 2008-04-12
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You could look to see if the agreement had been acted upon in any manner. For example by virtue of a common law exception such as a collateral contract (shanklin pier v Detel products ltd.) If this was the case, then the grandson would not be a third party and therefore, would be around privity. Furthermore, there could be a claim in tort. In addition to this, you could see if the son was assigned any interest in the property.