Help needed regarding the six month time limit

Dav2An

Hi, 
I am one of four siblings and my mother past away last August with complications from dementia this is a very long and convoluted story but my main worry at this moment ( I have many more ) is that my mother left all of her estate to two of my siblings , my eldest sister is very rich and did not want to be included in the will. As I am the only child who does not own a home , car etc where as my other two siblings are well off I was advised that I could apply for provision under the 1975 act . My brother was granted probate on 13th November 2020 and I wonder how I must move forward before the six month cut off point . There are two reasons why I have waited one because I was grieving and in shock and also because my eldest son lives in one of the properties owned by my mother and has had first refusal by my brother to purchase it as the letting agent my brother sent to view the property would not take on responsibility for the property because my brother had done nothing to it for 10 years and it needs 30 thousand + spending on it . I fear that if I make any moves before contracts have been signed my brother will withdraw acceptance of my sons offer . 

Any advice would be gratefully received thank you . 

Marcon

Dav2An said:

Hi, 
I am one of four siblings and my mother past away last August with complications from dementia this is a very long and convoluted story but my main worry at this moment ( I have many more ) is that my mother left all of her estate to two of my siblings , my eldest sister is very rich and did not want to be included in the will. As I am the only child who does not own a home , car etc where as my other two siblings are well off I was advised that I could apply for provision under the 1975 act . 

I'm assuming you are in England or Wales, but please confirm.

Who advised you? Whilst you certainly could apply, there is no guarantee the application would succeed.

Dav2An said:

My brother was granted probate on 13th November 2020 and I wonder how I must move forward before the six month cut off point . There are two reasons why I have waited one because I was grieving and in shock and also because my eldest son lives in one of the properties owned by my mother and has had first refusal by my brother to purchase it as the letting agent my brother sent to view the property would not take on responsibility for the property because my brother had done nothing to it for 10 years and it needs 30 thousand + spending on it . I fear that if I make any moves before contracts have been signed my brother will withdraw acceptance of my sons offer . 

Any advice would be gratefully received thank you . 

You have six months from the date probate was granted. The way to move forward is to talk to a solicitor - this isn't an application you could make successfully without professional help.

getmore4less

If rich sister does not want any thing will she let you have her share?

if the house your son is living in was owned by your mother what is the relevance of the brother doing noting to it for 10 years

How long has son lived there was he paying rent

A house with a tenant and needing work is going to be relatively cheap as investor won't touch it and it will be a long time to get vacant possession.

Have you seen the will ?  if not then get a copy