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  • FIRST POST
    • PerfectPony
    • By PerfectPony 11th Jan 18, 8:52 PM
    • 21Posts
    • 9Thanks
    PerfectPony
    Greedy Sister!!
    • #1
    • 11th Jan 18, 8:52 PM
    Greedy Sister!! 11th Jan 18 at 8:52 PM
    My Mum divorced my Father when I was about 8. My Grandparents basically bought me up! Mum has always promised a 50/50 split when she passed....this is going back over 20 years. When my Mum was dying of cancer my sister 'drove her' to have her will changed to give her a rent free 'Life interest trust'. My sister is a waster and spent our grandparents inheritance on a 'round the world trip', I spent mine of a degree? It's not just the money its the principle, to get a dying, heavily drugged woman to change their will in their favour??? My mum couldn't look at my sister for the last weeks before her death and that is why I am fighting it? Would appreciate any support or similar incidents??
Page 1
    • Yorkshireman99
    • By Yorkshireman99 11th Jan 18, 9:28 PM
    • 3,540 Posts
    • 2,887 Thanks
    Yorkshireman99
    • #2
    • 11th Jan 18, 9:28 PM
    • #2
    • 11th Jan 18, 9:28 PM
    My Mum divorced my Father when I was about 8. My Grandparents basically bought me up! Mum has always promised a 50/50 split when she passed....this is going back over 20 years. When my Mum was dying of cancer my sister 'drove her' to have her will changed to give her a rent free 'Life interest trust'. My sister is a waster and spent our grandparents inheritance on a 'round the world trip', I spent mine of a degree? It's not just the money its the principle, to get a dying, heavily drugged woman to change their will in their favour??? My mum couldn't look at my sister for the last weeks before her death and that is why I am fighting it? Would appreciate any support or similar incidents??
    Originally posted by PerfectPony
    You need to speak to a solicitor about challenging the will. It will not be cheap or easy.
    Last edited by Yorkshireman99; 11-01-2018 at 9:57 PM.
    • Keep pedalling
    • By Keep pedalling 11th Jan 18, 9:54 PM
    • 4,340 Posts
    • 4,716 Thanks
    Keep pedalling
    • #3
    • 11th Jan 18, 9:54 PM
    • #3
    • 11th Jan 18, 9:54 PM
    Did your sister live with your mother?
    • konark
    • By konark 11th Jan 18, 11:19 PM
    • 952 Posts
    • 734 Thanks
    konark
    • #4
    • 11th Jan 18, 11:19 PM
    • #4
    • 11th Jan 18, 11:19 PM
    If the will was redone at a solicitor's office you may have more difficulty fighting it than if it was a home made jobbie.
    • Red-Squirrel
    • By Red-Squirrel 11th Jan 18, 11:24 PM
    • 2,174 Posts
    • 5,995 Thanks
    Red-Squirrel
    • #5
    • 11th Jan 18, 11:24 PM
    • #5
    • 11th Jan 18, 11:24 PM
    Did you mean greedy sisterS?
    • PerfectPony
    • By PerfectPony 12th Jan 18, 1:39 PM
    • 21 Posts
    • 9 Thanks
    PerfectPony
    • #6
    • 12th Jan 18, 1:39 PM
    • #6
    • 12th Jan 18, 1:39 PM
    My sister didn't live with my Mother and had her own rental property until she moved in after Mum's death
    • PerfectPony
    • By PerfectPony 12th Jan 18, 1:45 PM
    • 21 Posts
    • 9 Thanks
    PerfectPony
    • #7
    • 12th Jan 18, 1:45 PM
    • #7
    • 12th Jan 18, 1:45 PM
    One greedy sister is enough!!!
    • Margot123
    • By Margot123 12th Jan 18, 1:48 PM
    • 532 Posts
    • 546 Thanks
    Margot123
    • #8
    • 12th Jan 18, 1:48 PM
    • #8
    • 12th Jan 18, 1:48 PM
    Why not seek legal advice on whether or not you are able to challenge the will under the inheritance rules rather than its actual validity? Unless of course, it was a 'home-made jobbie' as already mentioned.
    • thriftylass
    • By thriftylass 12th Jan 18, 1:48 PM
    • 3,179 Posts
    • 26,118 Thanks
    thriftylass
    • #9
    • 12th Jan 18, 1:48 PM
    • #9
    • 12th Jan 18, 1:48 PM
    It's not just the money its the principle, to get a dying, heavily drugged woman to change their will in their favour??? My mum couldn't look at my sister for the last weeks before her death and that is why I am fighting it? Would appreciate any support or similar incidents??
    Originally posted by PerfectPony
    If the will was redone at a solicitor's office you may have more difficulty fighting it than if it was a home made jobbie.
    Originally posted by konark

    See above. A solicitor wouldn't have allowed that if your mum wasn't fully able to make her own decision if that's what you're implying. Otherwise your mum made a choice, that's it.
    • moneyistooshorttomention
    • By moneyistooshorttomention 12th Jan 18, 1:50 PM
    • 14,579 Posts
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    moneyistooshorttomention
    What provision is there in the Will for things to revert to normal when your sister dies - or for any other reason moves out?

    Does your share become available to you only on sisters death - and meanwhile you don't have any access at all to your inheritance?

    Presumably you can make out a Will for your own property that includes leaving your 50% share of this house in whichever direction you choose? So - at the least your share will become available to you at some point - even if it isnt until after your sister (and possibly yourself) are dead. So - at least your Sisters estate wouldnt include that bit of your money?

    However, that does still leave you with the current problem - ie if there's a way to get your 50% share now? I think it would be wise to look up the exact terms of this "life interest". It may be that you going in to live in your half share of this house (or putting a lodger into your half share) would be possible. You, of course, to take all the rent from your lodger.

    That may be your best bet for now - ie to find out the exact terms of that "life interest" your sister has wheedled her way into. If she finds she's not going to be able to live in your joint house on her own - she might think differently about refusing to sell it.
    New Year's Resolution already made -

    Don't get mad....get firm ...
    • Keep pedalling
    • By Keep pedalling 12th Jan 18, 2:05 PM
    • 4,340 Posts
    • 4,716 Thanks
    Keep pedalling
    My sister didn't live with my Mother and had her own rental property until she moved in after Mum's death
    Originally posted by PerfectPony
    I could understand the lifetime benefit if she was dependant and living with your mother, but this does sound she manipulated your mother, for her benefit and basically cutting you off from accessing your own inheritance.

    Based on the limited information you have given us it does appear that you should challenge this clause in the will, no guarantee you will win and it could be very expensive if you lose.

    Have you taken legal advice yet?
    • PerfectPony
    • By PerfectPony 12th Jan 18, 2:06 PM
    • 21 Posts
    • 9 Thanks
    PerfectPony
    The legal route
    Mum's will was made at a Will Writers, not by a solicitor. She was not able to drive when the change was made an on Fentanyl patches for pain. Having been on them myself when I had a badly broken leg, I know I was in no fit state to make important decisions. My sister had argued bitterly with my Mum about her 'cutting her off' a photo?? My Mum couldn't look at my sister when I was there. Her only previous change to the will was to include my son, her only Grandson. The change meant he got nothing???
    • Comms69
    • By Comms69 12th Jan 18, 2:16 PM
    • 1,797 Posts
    • 1,634 Thanks
    Comms69
    Mum's will was made at a Will Writers, not by a solicitor. She was not able to drive when the change was made an on Fentanyl patches for pain. Having been on them myself when I had a badly broken leg, I know I was in no fit state to make important decisions. My sister had argued bitterly with my Mum about her 'cutting her off' a photo?? My Mum couldn't look at my sister when I was there. Her only previous change to the will was to include my son, her only Grandson. The change meant he got nothing???
    Originally posted by PerfectPony


    It sounds like an independent assessor was involved though?


    At any rate, there is no entitlement to an inheritance.
    • Keep pedalling
    • By Keep pedalling 12th Jan 18, 4:52 PM
    • 4,340 Posts
    • 4,716 Thanks
    Keep pedalling
    It sounds like an independent assessor was involved though?


    At any rate, there is no entitlement to an inheritance.
    Originally posted by Comms69
    Although there is no entitlement to an inheritance, the OP has actually been left half a house which she she can’t touch because of the life interest for her sister. I would rather been left nothing than this bodge up. Unless one child was a dependant of the deceased, it is alway a very bad idea to set up a life interest trust in favour of one child.

    In her place I would have no hesitation in challenging this.
    • moneyistooshorttomention
    • By moneyistooshorttomention 12th Jan 18, 5:04 PM
    • 14,579 Posts
    • 40,143 Thanks
    moneyistooshorttomention
    Mum's will was made at a Will Writers, not by a solicitor. She was not able to drive when the change was made an on Fentanyl patches for pain. Having been on them myself when I had a badly broken leg, I know I was in no fit state to make important decisions. My sister had argued bitterly with my Mum about her 'cutting her off' a photo?? My Mum couldn't look at my sister when I was there. Her only previous change to the will was to include my son, her only Grandson. The change meant he got nothing???
    Originally posted by PerfectPony
    As you have a son and he is the only grandchild your mother had - then it sounds like your worst case analysis being you could never get your hands on your share of the inheritance whilst sister is still alive/living there and therefore mightnt manage to receive the money yourself in your lifetime.

    BUT your son will still be alive when your sister can't use her "life interest" any longer (ie because she's dead) and then he would inherit your half share at that point. She can no longer claim "life interest" once she's dead - and the house would have to be sold then - even if you don't find a way before then.

    How long a timescale are we talking about? Are you and your sister rather older (eg 60-70 years old for instance) - in which case your son waits to inherit your share maybe 20 years for the sake of argument.

    Or are you and sister only in your 30's, for instance, on the other hand. In which case - your son could be waiting for your share of the house for 50 odd years.
    New Year's Resolution already made -

    Don't get mad....get firm ...
    • PerfectPony
    • By PerfectPony 12th Jan 18, 5:11 PM
    • 21 Posts
    • 9 Thanks
    PerfectPony
    The Legal Route
    I have consulted a solicitor and we are waiting for medical records. There are additional funds which are also split 50/50. For me it is the principle, what a selfish,evil thing to do. Why was it never mentioned, Mum and I had long discussions about her funeral etc. She was totally lucid at times but talking nonsense at other times. The will writers seem a right 'shower' and have been obtuse at every point of contact. It is the thought of a vulnerable, dying woman being bullied into changing her will. If it was something she wanted, surely we would have discussed it. We spoke daily and I stayed with her often towards the end. She adored her grandson and her eyes lit up every time we visited her. I loved my Mum and don't want my sister wrecking the house again!! She is single a really doesn't need a big house?? I wont take my inheritance in the hope of letting her realise a big , old place is expensive to maintain, heat and live in??
    • PerfectPony
    • By PerfectPony 12th Jan 18, 5:15 PM
    • 21 Posts
    • 9 Thanks
    PerfectPony
    Getting on a bit!!
    My sister is 50 and I turn 50 in July, she smokes 60 a day!!!
    • moneyistooshorttomention
    • By moneyistooshorttomention 12th Jan 18, 5:32 PM
    • 14,579 Posts
    • 40,143 Thanks
    moneyistooshorttomention
    So it could be 30-40 years before she's not exercising that Life Interest then. So your son is due for it in his lifetime at that worst case analysis.

    Errrrm....I wouldnt say "single - so doesnt need big house" - errrrm. Those of us that are single need just as big a house (if only courtesy of smaller houses tend to have smaller kitchens/smaller sitting rooms/smaller gardens - and not just fewer rooms).

    No point in saying something that could "set off a reaction" in that respect. Don't mention the fact she's single as an advantage to you/disadvantage to her - as it isnt.
    New Year's Resolution already made -

    Don't get mad....get firm ...
    • Sea Shell
    • By Sea Shell 12th Jan 18, 6:01 PM
    • 459 Posts
    • 467 Thanks
    Sea Shell
    I sympathize with you. Although even if you can get the will 'thrown out' then you still have the problem of your sister still living in the property. Unless at the same time the court demand the property sold. Even without the life interest, you'll still own 50/50, with her occupying. Good luck!
    " That pound I saved yesterday, is a pound I don't have to earn tomorrow "
    • PerfectPony
    • By PerfectPony 12th Jan 18, 6:25 PM
    • 21 Posts
    • 9 Thanks
    PerfectPony
    Alone in a big house...
    How to respond? I purchased my first house in my twenties. worrying about keeping my job, paying the bills blah, blah...My sister has either squatted with parents, grandparents or rented a small manageable property. If you work hard and love space 'fill your boots' If you have no ambition and are happy to drift through life, it's a big shock having large financial obligations. Work hard, live large !!!!
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