No Will left where do we stand

Rasberry_Diva

xylophone said:

 one of your sibling is frying 

Cooking up a storm?

hahhaahah i can assure you it certainly feels that way 

xylophone

we believe she is scared to say anything because she believes she will lose her home if the bills cant be paid.

You are suggesting that your siblings are bringing undue influence to bear on your mother, amounting to mental abuse, possibly even financial abuse.

You are aware of the rules of intestacy - in your position, I would refuse to sign any document without consulting a solicitor.

You also mention an estranged sibling - he, too, has rights under the intestacy.

xylophone

In fact, I would be consulting a solicitor now, before the sibling administrator attempts to transfer the property.

Keep_pedalling

xylophone said:

In fact, I would be consulting a solicitor now, before the sibling administrator attempts to transfer the property.

Agreed, unfortunately your father’s failure to make a will has left a major mess to sort out, which would be OK if all his children all had their mother’s best interests at heart, which does not seem to be the case here.

Malthusian

Rasberry_Diva said:

We are UK Based

We would be happy to sign the deed of variation if it means the house does not need to be split, because then it can go all to my mum but the worry here is that they will then get her to make a will up which benefits them two and not the other siblings.

It will be possible to arrange things such that your mum can stay in the house for her lifetime (and benefit from the capital, e.g. to fund care) while ensuring that on her death, the capital goes to all six of you regardless of how they browbeat her over her Will. (Assuming the beneficiaries consent, or enough of them to account for the value of the house.)

So you should not do anything in haste under the impression that you need to do it to stop your mum having to move.

The three of you need professional advice from a solicitor.

It is very hard to prove undue influence so the only real defence you have against her cutting you out of the Will is to stay in touch with her enough that she doesn't want to.

Does she have Lasting Powers of Attorney in place? If she made an LPOA before dad's death she needs to check that it is still valid.

Marcon

Rasberry_Diva said:

Flugelhorn said:

which country are you in?

Keep_pedalling said:

It does sound like the estate is over £270k and one of your sibling is frying to get you all to sign a deed of variation so that ownership of the house does not need to be split. How they hope to achieve that without being open with everyone goodness knows.

We are UK Based

But which country? There are big differences between Scotland and the other constituent countries of the UK.

Rasberry_Diva

Marcon said:

Rasberry_Diva said:

Flugelhorn said:

which country are you in?

Keep_pedalling said:

It does sound like the estate is over £270k and one of your sibling is frying to get you all to sign a deed of variation so that ownership of the house does not need to be split. How they hope to achieve that without being open with everyone goodness knows.

We are UK Based

But which country? There are big differences between Scotland and the other constituent countries of the UK.

We live in London

Rasberry_Diva

Malthusian said:

Rasberry_Diva said:

We are UK Based

We would be happy to sign the deed of variation if it means the house does not need to be split, because then it can go all to my mum but the worry here is that they will then get her to make a will up which benefits them two and not the other siblings.

It is very hard to prove undue influence so the only real defence you have against her cutting you out of the Will is to stay in touch with her enough that she doesn't want to.

Does she have Lasting Powers of Attorney in place? If she made an LPOA before dad's death she needs to check that it is still valid.

I can prove the influence as i recorded her screaming at my mum  and threatening her.
I dont know what LPOA is and i highly doubt one is in place and if there is we will not be told about it as the other 2 siblings do not want to disclose anything to us

xylophone

As matters stand, you have the right to an inheritance under the intestacy.
The will can be varied only if all affected beneficiaries agree.
See a solicitor.
I fail to see how your mother would be left unable to pay her bills.
Does she have no income?
LPOA is a Lasting Power of Attorney.
https://www.gov.uk/power-of-attorney

getmore4less

If you believe there may be sibling abuse of a vulnerable person you have a duty of care to consider reporting the abuse.
Might be worth preparing yourself if it comes to needing that course of action.
Office of the public guardian have the job of investigating mental and financial abuse.

I think the other siblings currently locked out should consider getting a solicitor involved.