Mother died before she got to change her will, what can I do?

christmas_carole

Hi, my Mam died in August, we had been estranged, sadly for a number of years but luckily we were reunited for a very happy 10 months.

She asked me on several occasions to take her to the solicitors so she could change her will to include me, I felt a bit awkward about this as I thought it would look really bad so I kept telling her not to worry and we would do it in the free will month of October, sadly she died suddenly in August before she got to put her new will in force.

So now my sister, there is only the two of us, who is executor of her will has gone back on what she promised Mam which was to split everything down the middle despite what the will said which was to leave her everything and now will not sell Mam's house and is intending to give Mam's house to her daughter.

I know legally she is sole beneficiary but Mam stated on many occasions that she wanted us to share everything she left behind fairly and squarely.

Have I any come back or chance of getting half of Mam's house?

Any help or info would be appreciated.

Torry_Quine

Sorry but without a new will the old one stands and your sister inherits the lot. If you are in Scotland it's different and you cannot completely disinherit a child.

madbadrob

Torry_Quine wrote: »

Sorry but without a new will the old one stands and your sister inherits the lot. If you are in Scotland it's different and you cannot completely disinherit a child.

Not completely correct as a court can turn over any will and its bequests based on certain facts. I posted case studies and links to this in other threads in the last two weeks. It would be a costly experience though

Rob

Torry_Quine

madbadrob wrote: »

Not completely correct as a court can turn over any will and its bequests based on certain facts. I posted case studies and links to this in other threads in the last two weeks. It would be a costly experience though

Rob

I could have added that caveat but as you say could be a very expensive option and still may be no inheritance.

OP, does any way else know that your mother intended to change her will such as an appointment made with a solicitor for instance.

christmas_carole

Hi, no there was no official appointment made at a solicitors, she asked me to find out information for her about having her will written by the Cancer Research people and leaving them a donation in her will, I printed off this info for her and promised to help her with it in October.

She said on many different occasions in front of several members of the family that she wanted everything split fairly down the middle and my sister always assured her that of course thats what would happen.

Sadly she has now gone back on that, she intends to let her daughter live there rent free while she returns to full time education for the next 4-5 years, she then says by that time the house will have increased in value and then her daughter will move out, I honestly can't see that happening.

9/10th's of the law and all that.

I had intended to use my share to pay off a chunk of my mortgage as I am struggling financially, then due to my health deteriorating lately I would have looked into going part time which would have helped me enormously.

I have been to CAB, and spoke to a solicitor this morning who advised me to try to appeal to her and point out that this is exactly what Mam didn't want, if that does not work they advise that they write to her to say I agree to her daughter living there for 5 years but ask that she sign a document saying that she will then move out and the house be sold or that she pays a rent to me.

Thats the story so far, I'm devastated tbh that she could do this, she is very comfortably off may I add.

DUTR

christmas_carole wrote: »

Hi, no there was no official appointment made at a solicitors, she asked me to find out information for her about having her will written by the Cancer Research people and leaving them a donation in her will, I printed off this info for her and promised to help her with it in October.

She said on many different occasions in front of several members of the family that she wanted everything split fairly down the middle and my sister always assured her that of course thats what would happen.

Sadly she has now gone back on that, she intends to let her daughter live there rent free while she returns to full time education for the next 4-5 years, she then says by that time the house will have increased in value and then her daughter will move out, I honestly can't see that happening.

9/10th's of the law and all that.

I had intended to use my share to pay off a chunk of my mortgage as I am struggling financially, then due to my health deteriorating lately I would have looked into going part time which would have helped me enormously.

I have been to CAB, and spoke to a solicitor this morning who advised me to try to appeal to her and point out that this is exactly what Mam didn't want, if that does not work they advise that they write to her to say I agree to her daughter living there for 5 years but ask that she sign a document saying that she will then move out and the house be sold or that she pays a rent to me.

Thats the story so far, I'm devastated tbh that she could do this, she is very comfortably off may I add.

There are always two sides to a story, we are only hearing yours, sadly the will stands, the emotional stuff doesn't really count, sorry

Clutterfree

DUTR wrote: »

There are always two sides to a story, we are only hearing yours, sadly the will stands, the emotional stuff doesn't really count, sorry

Exactly!
Your sister could be thinking that she has looked after your mother for a number of years whilst you were estranged. You then turn up 10 months ago and now feel you are entitled to half your mums estate.

Sorry but imho I would think it would be hard to overturn the will considering those circumstances.

EDIT: the fact that your sister is well off and you are not has no bearing on the will.

christmas_carole

Yes I realise you are only hearing one side, she was there for her while I was estranged, I tried numerous times to meet up with sister to enable us to reconcile, I always sent Christmas Cards and Birthday cards, I texed her and suggested us meeting for coffee when I found she was working close to me, I was rebuffed time after time.

We never had a fall out, no arguments, nothing, she just stopped contact with me as she was too busy!

She kept me at arms length as it suited her that way, I had to take the bull by the horns and ring my Mam and ask if I could see her, she was lovely and welcomed me with open arms, she had mellowed a lot, I was pretty scared of her in the past, she chased me from her hospital bed when I went to see her with my two daughters and son in law, I left her card and roses on her bed and walked away, I didn't see her for a long time after that, my sister stood by and watched all this happening without any intervention.

I would have been there in a heart beat if I'd had a chance.

I also realise me being less well off has no bearing legally. Just trying to give a bit of background.

Mojisola

Clutterfree wrote: »

Your sister could be thinking that she has looked after your mother for a number of years whilst you were estranged. You then turn up 10 months ago and now feel you are entitled to half your mums estate.

Or it could be that the other sister has poisoned Mum against christmas carole and kept their Mum isolated so that all the inheritance will come her way.

Whatever is the truth, I can't see the will getting overturned without independent corroboration that their Mum had planned to rewrite it and, even then, it wouldn't be certain but would be very expensive.

whitewing

Have you actually seen a copy of the will?

Is it worth getting someone to check the existing will and also any previous wills that may exist ie if you were in a previous will that may support your argument - I'm not sure if there is any way of getting copies of obsolete ones.

Are you sure that mum's house was fully owned by her, and not part-owned by your sister anyway? There may be less inheritance than you realise and it may be that that is complicating the issue.

I know several people of my parents' generation who seem to think siblings will sort things out fairly, or, even worse, who think 1 sibling is better off and doesn't need to be left anything. I also know people who were unmarried and will-less who thought parents would pass everything to the wife. I consider myself an honourable person but it would be very difficult to hand over a lump sum to anyone else if it were legally mine.

Clutterfree

Mojisola wrote: »

Or it could be that the other sister has poisoned Mum against christmas carole and kept their Mum isolated so that all the inheritance will come her way.

Whatever is the truth, I can't see the will getting overturned without independent corroboration that their Mum had planned to rewrite it and, even then, it wouldn't be certain but would be very expensive.

Yes, you're quite right, I was just trying to put a different slant on it.

None of us know what went on, only those involved, and regardless of what went on, if the mother was of sound mind when the will was written, like you, I cannot see it being overturned.

Sorry OP.