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Grandmother died, concerns over her assets

Hi,

My Grandmother recently passed away, due to old age. We have a rather complex situation which we're trying to get our heads around. My Grandmother should have, for her own wellbeing, been in a care home some years ago. She was perfectly of sound mind, no doubts there, just very immobile and couldn't look after herself properly.

A few years ago, my Cousin and her partner were forced to vacate their house (still owned and now repaired) due to flooding so "stayed" with my Grandmother. It was a blessing in a way, as it ultimately prevented my Grandmother having to go into a home as they were there to help care for her. Now my Cousins property is repaired and has been for some time they've been alternating between this house and my Grandmothers, again to assist with her care.

My Grandmother a while ago expressed a concern to my Mother, saying she was concerned that in the event of her death my Cousin would attempt to "take" the house from her, and that she was likely to amend her will to ensure this didn't happen. Now she's passed my Mother is concerned that my Cousin will now attempt to "take over" and try to take the house etc. We're not sure yet of the contents of the will but we think most of her assets will be split between her 2 daughters, my Mother and my Auntie. Obviously what they choose to do with it is their concern.

What's bugging us is that because my Cousin has "lived" there on and off for a few years, she will have gained some right to the property. There is no formal documentation regarding her stay and no rent was paid. They are also not on the electoral role in that borough, they are still, naturally, registered at their own place. To all intents and purposes it was literally just "staying" there. The bills were paid by my Grandmother with her pension, albeit via my Cousin as my Grandmother was physically unable. To the best of our knowledge there is no paperwork anywhere that puts my Cousin and her partner "at" that house.

If anyone could provide any help or guidance it would be appreciated.

Comments

  • timbo58
    timbo58 Posts: 1,164 Forumite
    See a solicitor immediately.
    You won't get very far without doing so I'm afraid.
    Hopefully your GM will have amended her will (which presumably allowed your cousin a greater share of the estate in it's previous form), if not then you'll have a heck of a battle in persuading a court otherwise.
    Unless specifically stated all posts by me are my own considered opinion.
    If you don't like my opinion feel free to respond with your own.
  • getmore4less
    getmore4less Posts: 46,882 Forumite
    Part of the Furniture 10,000 Posts Name Dropper I've helped Parliament
    If the will dispears then the estate become intestate and the children inherit(assume no spouse) and have first dids on administartion.

    Was the will done by a solicitor? they need contacting if there becomes an issue finding it.

    Who notified the registrar and has the death certificate and the green form. with that some things can get done.

    It is critical to identify the executors ASAP.
  • It is extremely unlikely that your cousin will have any claim at all on your grandmother's property. Unless she has done substantial work to the property, her only claim would be under the Inheritance (Provision for Family and Dependants) Act 1975. If she has her own property, and has only been living on and off at your grandmother's house, she will not have a claim under that act. In any event, the onus would be on your cousin to make a claim, not on your mother to prevent her claiming.

    Your mother needs to establish whether there is a Will and, if so, who the executors are. If there is no Will then, from what you have written, your mother and your sister would be able to deal with the estate as administrators under the intestacy rules.
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