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Category: UK Law
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Experience:  BA (Hons), PgDip, Practising Solicitor
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My 82 year old mother has my enstranged son living with her

Resolved Question:

My 82 year old mother has my enstranged son living with her and is getting free lodging and food when he is not working as he only gets short term employment. Suppossed to contibute when he is working, note he is degree qualified in photography apparently.
Question is would he have any claim on the property in the event of my mothers death due to him living there even though my mothers will states that the house and all her possons are left to my sister and myself.
Regards Cliff
Submitted: 3 years ago.
Category: UK Law
Expert:  Thomas replied 3 years ago.

Hi

Thanks for your question.

To enable me to answer your question could you please respond to the following:-

  • 1. Has he paid off capital sums of the mortgage (if any) on the property
  • 2. Has he made improvements to the property which have increased its capital value
  • Does she have a Will

Kind regards.

Tom

Customer: replied 3 years ago.
Hi Tom

1. My parents have never had a mortgage they inherited the property so no he has not paid any thing towards a mortgage as there as not been one.

2.No he has not made improvements to the property thathave increased capital value.

Yes she has a will and all her estate is divided between me and my sister in particular the property. Some small items are assigned to grand children.

Regards Cliff
Expert:  Thomas replied 3 years ago.

In the event of your mother passing away and not providing for someone then a person who is not provided for 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 order to make a claim against the estate the person claiming must be able to prove that they were financially dependent to some extent on the deceased. As you son is living rent free it is conceivable that he could attempt to make a claim.

 

If this is wished to be avoided then your grandmother should execute either a new will or a side letter in which it is expressly stated that she does not wish for any monies to pass to him other than what is specifically directed in the Will.

 

The alternative is for her to start charging him market rent lodgings and keep a record of this.

 

In the event that he can prove financial dependency and makes a claim 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, 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 you are entitled to.

 

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

 

Thomas, Lawyer
Category: UK Law
Satisfied Customers: 6437
Experience: BA (Hons), PgDip, Practising Solicitor
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