Greedy Sister!!

PerfectPony

I loved my Mum very much and I think her last months on the planet should have been loving and enjoyable. Not subject to bullying into changing her will.

Yes I work and have my own home, my sister also works. Why should I be disadvantaged by a sister who is lazy and used her past inheritance on a world trip.

I have a hefty mortgage an 8 year old and many commitments. The point I was trying to make is that if you work hard you should be entitled to live as you wish, and if you aren't don't expect to get it for nothing!!!

PerfectPony

The Life Interest Trust allows my sister to live in the house for 20 years and to be responsible for all 'upkeep, bills and maintenance' during that time. If she leaves the house empty for more than 3 months the Trust is broken.

getmore4less

Who are the trustees?

PerfectPony

My sister and I

getmore4less

Was the whole house put into the trust?

Who are the remainder men?

PerfectPony

If I die 25% goes to my 8 year old son. If she dies I get 50% and the further 50% goes to her heirs, which would seem unlikely as she is single and over 50!!

getmore4less

The wording for trust failure due to not maintaining the property or hitting the 20y trigger is potentially the more important than deaths.

The wording for her leaving no issue will also be important.

Malthusian

If your sister browbeat your dying mother into changing her Will while heavily drugged, why didn't she get her to simply leave her the entire house, instead of a 20 year life interest?

That doesn't sound like something a lazy waster with psycho ex boyfriends who smokes 60 a day would come up with on their own.

It sounds like the Will was professionally drawn up if it involves a 20 year life interest trust, and challenging the Will is unlikely to win you anything. The solicitor who drew it up will have ensured that your mother had capacity to change her Will. The threshold for proving "undue influence" is extremely high.

At some point either the sister will leave when the costs of maintaining it become too much, at which point (assuming the remaindermen are the two of you) you can sell it and split the proceeds 50/50 as you wanted. Or the 60 cigs a day will finish her, at which point you get the lot, assuming your sister hasn't married or adopted some orphans.

Your mother may have figured that this way one daughter gets security for what is likely to be the rest of her life, and the other daughter gets 100% of the property at the end of that period.

The point I was trying to make is that if you work hard you should be entitled to live as you wish

You don't seem to think your mother was entitled to live as she wished - by disposing of her own property as she wanted, in a way that benefits both of her children (eventually). Did she not work hard enough?

PerfectPony

Sorry Malthusian, I think you misunderstood me, my Mother worked hard all her life, my point was about my sister making no provision for herself and 'frittering' her earlier inheritance. My Mum had promised a 50/50 split for over twenty years as can be verified from her earlier wills. If she had wanted my sister to have the property we would have discussed it, we spent ages discussing her funeral arrangements etc. The first thing I said to my sister when my Mum passed was that I was happy to split the house 60/40 or even 70/30 as I already have a home. How naive I was, I think Mum raised the Life Interest Trust to stop the arguments and keep the peace. Please bear in mind I live over three hours away and have an 8 year old son and my husband works very long hours

Red-Squirrel_2

PerfectPony wrote: »

Please bear in mind I live over three hours away and have an 8 year old son and my husband works very long hours

Why? What difference does that make to your mother’s will?