my mum wont leave a will

atush

If she wont leave a will your brother will not inherital all, he will get 25%.

If each of you in turn, decide to gift him your share you can do that, or get a deed of variation in his favor.

but I expect your siblings may not agree to do so in the end. So your brother will have to move out of the house and live on his 25% share.

kidmugsy

atush wrote: »

If she wont leave a will your brother will not inherital all, he will get 25%.

If each of you in turn, decide to gift him your share you can do that, or get a deed of variation in his favor.

but I expect your siblings may not agree to do so in the end.

Gifting to a sibling might be obstructed by a creditor, by an ex-spouse, by a Benefits department, .....

If she wants that child to get the assets She Must Write A Will.

saver861

takingcontrolatlast wrote: »

Thanks for your suggestion Saver - i do feel she will be reluctant with that as well tbh.

Well they are different products for different reasons of course - but the will would seem to be the important thing for your brother.

takingcontrolatlast wrote: »

There are 4 of us - im the oldest but my brother lives with mum and she wants to leave everything to him and we are all in agreeance with that.

Without the will of course it is down the goodwill of the remaining siblings as to the ongoing arrangement. Left like that though, it often does not pan out that way. Siblings circumstances change etc and thus what was once agreed can unwind.

She still might make the will at some point. It is an emotional barrier for many and often without logic too. My father was an evangelist for getting people to make wills - yet he did not make one himself!!

takingcontrolatlast

There is just so much stress/upset when a loved one dies and then to go through all the legal work afterwards just leaves me numb at the thought of it all.

At the end of the day i cant force her to make a will and with being the oldest im thinking that it will be up to me to sort everything out even though my brother lives with her..

when the time sadly arises i just hope my dysfunctional family pulls together

thank you everyone for your advice.

xHannahx

You mentioned your brother is guarantor on her mortgage. From my experience when I used to work in that industry people believed they were guarantor but were actually named on the mortgage as party to the mortgage.
I don't recall any mortgage product at that time that allowed a guarantor, so may be a case he is named on the mortgage which would make things more straight forward if no will.

takingcontrolatlast

Thanks Hannah, that's very interesting! He does actually get correspondence with his name on and mums and my mum said he is named on the mortgage but I didnt believe her as i said he's just a guarantor - so it could be true?!

They set it all up without me so I shall just step back from the situation . Thank you so much for your post, it is encouraging.

bugslet

I hope you can change her mind again, taking control and get her to make that will.

If she doesn't want to go because she fears that it will be complicated, then assure her it won't be. I re-did mine last year and it was all pretty straightforward.

I can't see that anyone has answered the question about funeral costs, this might be useful to you.

https://www.gov.uk/funeral-payments/overview

Mojisola

takingcontrolatlast wrote: »

Thanks Hannah, that's very interesting! He does actually get correspondence with his name on and mums and my mum said he is named on the mortgage but I didnt believe her as i said he's just a guarantor - so it could be true?!

If you make sure the house will automatically become your brother's after her death (joint tenant type of ownership), then a will won't be such an issue.

kidmugsy

Mojisola wrote: »

If you make sure the house will automatically become your brother's after her death (joint tenant type of ownership), then a will won't be such an issue.

Would the Land Register show that?

Mojisola

https://www.gov.uk/search-property-information-land-registry