Tricky will problem

Sandalwoman

My parents had wills which left everything to each other on one of their deaths. After my father died everything went to my mother. One of my brothers (brother 1) had never left home and we were told that the house would be his after my mothers death but any monies would be spilt between myself and my two brothers 2 and 1.

A few months after my fathers death, my mother put brother 1's name on previously held joint accounts with my father, saying it would make things easier and it was for convenience only. My mother died almost 2 years after my fathers death, and now brother 1 is saying that all the money (as well as the house) in the accounts is his (he did not contribute anything to the accounts). On questioning he said he found out about it, but has not divulged where he got the information from. Is brother 1 correct and is it all his? There is no dispute over the house, it was clearly stated in the will that it goes to brother 1.

Both of my brothers have refused to put the estate through probate saying that there is no need as it is all brother 1's. Just to complicate matters, brother 2 has put his house up for sale and has now moved in with brother 1 effectively living rent (and soon mortgage) free, though paying the bills, and when his own house sale goes through intends to buy property to do up and sell.

I do not want to cause bad feeling, but feel this is rather unfair, on looking at my mothers will she obviously intended that myself and brother 2 should have a share of the money. I know I can see a solictor, but am trying to avoid that route at the moment for the sake of harmony, especially as I want to get my facts straight first.

McKneff

Could you have another look at your post and change the font to normal. and possibly put some paragraphs in. It is very difficult to read and therefore difficult to help youl.

McKneff

Im sorry you have lost your parents, its sad eh but -

I wouldnt hesitate, to be honest, about going to a solicitor. You can probably see one for a free half hour session under the green card system.

You have not given any real details about your mothers will.
Can you clarify what was in it.
What was said has no legal standing, it depends totally what was in her will.

localhero

My parents had wills which left everything to each other on one of their deaths. After my father died everything went to my mother. One of my brothers (brother 1) had never left home and we were told that the house would be his after my mothers death but any monies would be spilt between myself and my two brothers 2 and 1. A few months after my fathers death, my mother put brother 1's name on previously held joint accounts with my father, saying it would make things easier and it was for convenience only. My mother died almost 2 years after my fathers death, and now brother 1 is saying that all the money (as well as the house) in the accounts is his (he did not contribute anything to the accounts). On questioning he said he found out about it, but has not divulged where he got the information from. Is brother 1 correct and is it all his? There is no dispute over the house, it was clearly stated in the will that it goes to brother 1. Both of my brothers have refused to put the estate through probate saying that there is no need as it is all brother 1's. Just to complicate matters, brother 2 has put his house up for sale and has now moved in with brother 1 effectively living rent (and soon mortgage) free, though paying the bills, and when his own house sale goes through intends to buy property to do up and sell. I do not want to cause bad feeling, but feel this is rather unfair, on looking at my mothers will she obviously intended that myself and brother 2 should have a share of the money. I know I can see a solictor, but am trying to avoid that route at the moment for the sake of harmony, especially as I want to get my facts straight first.

Any money in a joint account passes automatically to the other person when one co-owner dies and so what you've been told is correct about the account.

If the house was not put into joint names, then probate will be required for the house to be sold, though if the house was left to your brother, that makes little difference to you.

Were there any other assets and have you seen the will?

Sandalwoman

Yes I have seen the will and its quite clear, house and contents, car etc to brother 1, monies to be spilt between the 3 brothers. The house had apparently already been put in my brothers name previous to our parents deaths - as I say, there is not a problem with this, I have no wish to get any part of the house and anyway, that would be against the will.

localhero

Yes I have seen the will and its quite clear, house and contents, car etc to brother 1, monies to be spilt between the 3 brothers. The house had apparently already been put in my brothers name previous to our parents deaths - as I say, there is not a problem with this, I have no wish to get any part of the house and anyway, that would be against the will.

You could make a claim against the estate under the Inheritance Act but your chances of success are fairly low. This will also be costly and likely to cause family strife.

vaio

As others have said any money in joint accounts with your brother automatically go to him on the death of the other account holder.

From what you’ve said about the will you’ll get a share of any money held in accounts solely in your mothers name (if any)

RAS

Hi

This very much depends on how the bank accounts were organised.

If brother 1 was added as a signatory but the bank account is in your mother's sole name, then the money should be split as per the will.

If however the money was then held in a joint bank account, brother gets it all.

Jellywobble has the same problem where SM used a power of attorney to transfer the inheritance into a joint account http://forums.moneysavingexpert.com/showthread.html?t=2251119.

Sandalwoman

vaio wrote: »

As others have said any money in joint accounts with your brother automatically go to him on the death of the other account holder.

From what you’ve said about the will you’ll get a share of any money held in accounts solely in your mothers name (if any)

That was in my thoughts - until, when I thought we were going to go ahead with probate, I found this on the guide lines.

Taken from probate websites "Notes to help you fill in form 205"

"Valuing the deceased's share of a bank account is quite easy, as the example before shows. But sometimes an account may be held in joint names just for convenience. For example, if an elderly person can no longer get out, they may add a son or daughter’s name to their bank account so the son or daughter can operate the account for them.

If an account is in joint names for convenience and the deceased provided all the money in account, you should treat the account as if it was in the deceased’s sole name. Include the full balance of the account in box 12.3 (for joint assets) or 11.1 (if the account was held as tenants-in-common). But the opposite also applies, and if the deceased did not provide any of the money in the account then, so long as the provider did not intend to make a gift, there is no need to include anything about the joint account on form IHT205."

Reading the above made me think that the will should be carried out as per her wishes. We're not talking about a fortune here, if what my mother told me about her accounts was correct, my share would be approx £7000. Oh, and as far as I know, there were no accounts just in my mothers name.

meritaten

I would see a solicitor ASAP. It doesnt matter if it isnt a fortune hun, your bros are trying to stiff you. dont let them. you would be surprised at the trivial things beneficiaries fight about. in this matter it sounds as if you need legal advice. I would find a solicitor specialising in wills and probate and ask for your free consultation to find out if you have a case. then go from there.

sp1987

The difficulty here is surely proving the money was put in joint name ''for convenience'' as opposed to for them to be joint account holders. Brother 1 will say it was for him, brother 2 will support him.

If I was you I would go to a solicitor for an hour. It obviously concerns you and you can get some closure on it either way. Don't tell them you are going. Take a copy of the will.

People say ''I don't want to cause problems'' but problems already exist, you just haven't shared them with the other parties.

Outcome disregarded, I'd need some closure on the matter.