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    • spaniel101
    • By spaniel101 14th Oct 16, 2:15 PM
    • 2Posts
    • 0Thanks
    Excluded from Will
    • #1
    • 14th Oct 16, 2:15 PM
    Excluded from Will 14th Oct 16 at 2:15 PM

    I would be really grateful for some advice. Long story cut very short, tragically my Dad passed away, Mum and I are in process of 2 x Inheritance Act Claims. I have lived in his 2nd house for 18 years. We fell out several years ago, Dad had cancelled the buildings insurance he had for this property and didnt tell me, until it was urgently required (at the worst time in my life, following divorce, which he didnt speak to me about either, simply ignored).
    I used to pay (my mum, not dad, he didnt want to pay income tax it transpires) for lodgings here (never had any formal tenancy agreement) up until this final straw.

    Dad never bothered with the property, only sentimentally & he certainly didnt want any expense from it. Its undeclared, derelict, old wirings, had old boiler/no gas checks, walls falling apart, roof caving in. Over the years this has cost me, fixing things, boiler/electrics/water cover, gas checks of my own, updated electric fuse box and some wiring, windows/doors, garden, etc, etc,. I have loved this house to the best of my ability.

    Cut forward 2016, Dad was incredibly ill towards the end, but thank goodness in the last 6 months we managed to salvage our relationship somewhat, this is the only thing that i am entirely grateful for. Mum and I cared for him right up until the bitter end. He then passed suddenly.

    His Will leaves all his estate to my narcissistic sister who moved hundreds of miles away. She fell out with mum and I, as she is jealous of mums affection towards myself, and I also subsequently blessed with a child / their grandchild.

    All my sister can bring to the table is that I didnt pay "Rent" for recent years.

    Clearly there is a whole other story behind this.

    My sister wont know anything about Dad cancelling buildings insurance yet as I know he wont have told her this (conveniently), she knows he didn't pay for any up keep of the property what so ever, as encouraged by her, and certainly in my mind there was no "Rent" payable given no tenency/the property was never in a rentable state, he'd cancelled his part of the bargin, leaving me high and dry with responsibility. We chose to stay here, yes... to our cost, and Dad never asked us to move out.

    From the date I moved in to now, the property has increased in value by 80,000. All for Dad.

    I never expected to inherit wholly from this property should that day have come (and unfortunately it has). Dad could have sold it and gone off on a trip around the world.

    Before all of this happened, back when I used to pay something towards the house, I probably paid 27,000 approx.

    My Sister is claiming for her to have this house, as per the will, and i to have Mum's house when Mum's gone. Obviously anything could happen in the meantime, Mum may well need hers for Care Costs (god forbid) in the future or she could go bankrupt.

    I am reluctant to use the word "Rent" in my evidence as this wasn't the case at all. Both mum and I feel we have been taken for a rather long ride with Dad/Sister as it transpires they used us to the best of their assets ability...and then some.

    If anyone could offer any advice on how best to describe this "Rent" rather than using this particular wording (? payment in kind, lodgings, board, caretaker ??) as I am reluctant to use "Rent" to encourage her further to use it, or should I just roll with it and let the evidence speak for itself?

    Mum and I are truly exhausted by it all already, pulling all the evidence together, and Mum's not getting any younger. Really tough times indeed, any advice gratefully appreciated.

    Thank You x
Page 1
    • Yorkshireman99
    • By Yorkshireman99 14th Oct 16, 5:38 PM
    • 1,357 Posts
    • 1,198 Thanks
    • #2
    • 14th Oct 16, 5:38 PM
    • #2
    • 14th Oct 16, 5:38 PM
    If you are to make a successful claim you need to see a solicitor ASAP. There is a six minth time limit for a claim. They will advise you what to say in the claim.
    • G_M
    • By G_M 17th Oct 16, 11:42 PM
    • 36,490 Posts
    • 40,077 Thanks
    • #3
    • 17th Oct 16, 11:42 PM
    • #3
    • 17th Oct 16, 11:42 PM
    There seem to be 2 issues:

    1) you reference to 'rent' suggest you are seeking to establish yourself as a tenant. Presumably to obtain some tenancy rights. Much will depend whether
    a) you did pay a form or rent, and
    b) whether you took up occupation before 27th Feb 1997

    If yes to both (and assuming dad never gave you a 'Section 20 Notice'), you may have an 'Assured Tenancy', with associated rights.

    Play with answers on the Shelter tenancy Checker here, and then read about assured tenants rights here.

    2) Challanging the will. I know little about this (though it is possible), but you will need legal advice.
    • brewerdave
    • By brewerdave 18th Oct 16, 9:18 AM
    • 3,958 Posts
    • 1,561 Thanks
    • #4
    • 18th Oct 16, 9:18 AM
    • #4
    • 18th Oct 16, 9:18 AM
    I'm a bit confused - was your mother divorced from your father?
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