Will Issue

CygnusX1_2

Mother wrote a will before she developed dementia and had to be moved in to a home and had to sell her house. Money from the house was invested to pay for her residential care / nursing home.

My brother and I were left the house in the will. Small legacy was left to my sister and the savings left split between the grandchildren.

Where do myself and brother stand as the house has already been sold.

Running_Horse

I suggest you get a free or cheap initial lawyer consultation, rather than rely for advice on the Internet.

kelloggs36

Have you inquired as to what type of care that she need was? This is a crucial point in determining whether the LA had the right to sell the house - there was a big case a few weeks back which found that many LAs are not providing the money because they base the person's needs as social rather than medical. It would depend on this and whether you won the argument. If so, then they should be liable to refund you. It is very complicated and likely to be extremely long-winded and messy. If your mother lived alone and had to have social care, then (very basically) the LA do have the right to sell their house.

Vomityspice

In probate law if a gift (the house) no longer exists, then the gift fails. The technical word for this is adeemed.

See http://en.wikipedia.org/wiki/Ademption