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Thomas
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Category: UK Law
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Experience:  BA (Hons), PgDip, Practising Solicitor
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My mother has left a will that her house is to be left to

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My mother has left a will that her house is to be left to my brother and myself . She is 92 and has recently asked if I mind if she leaves it all to my brother, as I all ready have my own house. I have not agreed as I need my half to settle my morgage, in fact I am relying on it. If she goes ahead and alters her will , against my wishes, do I have recourse to dispute the will so I can recieve my half.
Submitted: 4 years ago.
Category: UK Law
Expert:  Thomas replied 4 years ago.

HelloCustomer


Thanks for your question.

 

I note that "I have not agreed" to her proposed change of Will but I'm afraid it's a testator's right to leave their assets to whomsoever they choose.

 

In the event of your mother passing away and not providing for your then you may be able to make a claim against the estate under the Inheritance (Provision for Family and Dependent) Act 1976. You must make the application within 6 months of the date of the grant of probate in the estate and you will need a solicitor to do it for you.

The Court will consider what is a "reasonable financial provision" for you and will take a number of factors in to account in determining what is fair (eg. size of the estate, other claims, resources and needs of other family members/dependants, income of you and your brother, the responsibilities the deceased had to you), each case turns on it's own facts and there are no hard and fast rules to work out what amount of the estate you will become entitled to without first having all the assets and liabilities of the estate recorded (this will be detailed upon your mother's death by your executors.

 

If there is just you and your brother and the house is the main asset which she leaves to your brother (or she gives all of her residuary estate to your brother) then I find it very difficult to believe that you would not be made an award. If your brother disputes your claim then it will be what is called a 'contentious probate" matter and you should take independent legal advice from a local probate practitioner about either negotiating a settlement or making an application to Court.

 

If your mother dies suddenly and you do not know who the executors are it is very important that you take out a "standing search" of the probate calender against your mother's name, this will notify you and send you a copy of the grant if one is take out within 6 months of the date of the search:-
https://www.hmcourts-service.gov.uk/cms/1211.htm

 

I cannot stress how important the standing search is, if 6 months pass following the grant of the probate then you will be time barred from making a claim against your mother's estate.

 

If this has been useful please kindly click accept so that I am rewarded for my time. It will be gratefully received and you will be free to ask follow up questions.

Kind regards,


Tom

Customer: replied 4 years ago.

Dear XXXXX,

 

Thank you for this , the problem is compounded by my brother being the executor for my mother will. Can this be to his advantage if he tries to claim the whole property for his own residence, refusing to sell even if I am awarded my half of the estate.

Expert:  Thomas replied 4 years ago.

Hi,

 

It does not really matter (his executorship) if you make an application to Court; he would be under a duty to comply with any Order made by the Court after considering your application. If he does not follow it he would be in contempt of Court and you would have further recourse against him.

 

If your mother passes on take out a standing search and go and see a solicitor immediately. He won't be able to deal with the house until he has obtained a grant of probate, the standing search will cover that and your solicitor will deal with the rest.


I hope this clarifies, if so please kindly click accept.

 

Kind regards,

 

Tom

 

Tom

Thomas, Lawyer
Category: UK Law
Satisfied Customers: 6395
Experience: BA (Hons), PgDip, Practising Solicitor
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