Validity of settlement enquiry

Verticaldrop

My mother died in April 2020 intestate. There are four beneficiaries, of which I am one. My sister applied for letters of administration but has not dealt with anything in the time since and our mother's house has not been sold. As I needed the money, I received a payout of £15K this year, but in order to do so I had to sign a declaration that I had no further claim on the estate. I now find that my elder brother, who paid for our mother's care fees in the last few years is expecting to be reimbursed by the estate for these. This has been agreed by the other beneficiaries but not by me. The sum involved is about £180K and this would mean I'm being deprived of £45K. In the circumstances, am I stuck with the declaration I signed and just have to suck it up? Law of England and Wales. Any advice appreciated. Happy New Year to everyone.

theoretica

Debts on the estate take priority over payouts to beneficiaries so you have no claim to a portion of the £180k. 

If when the estate is finalised it turns out to be less than £60k in total will you be in a position to repay your siblings?  If it is significantly more than 60k are they likely to hold you to the agreement?  If your sister got you to sign it without a decent indication of what was involved and what the final estate was likely to be it does seem questionable.

Flugelhorn

seems only fair that your brother is reimbursed for the care home fees - they really should have come out of your mother's assets anyway, he effectively loaned her the money and now is being paid back. 

Keep_pedalling

The net value of your mother’s estate = Assets - Debts, and it would appear that your brother loaned her £180k to meet her care costs, so = Assets - £180k. What is left, less funeral costs and any other debts, should be distributed to the 4 children.

What is the total value of her assets?

Your agreement is not required to repay any legitimate debts.

Your main problem is that you appear to have signed away your rights to any additional inheritance. It could be argued that you only signed it because you were in desperate need of an interim payment and your sister took advantage of your situation. If this is going to cost you a substantial inheritance then I would advise you to take legal advice on whether that agreement is enforceable or not.

Marcon

Verticaldrop said:

My mother died in April 2020 intestate. There are four beneficiaries, of which I am one. My sister applied for letters of administration but has not dealt with anything in the time since and our mother's house has not been sold. As I needed the money, I received a payout of £15K this year, but in order to do so I had to sign a declaration that I had no further claim on the estate. I now find that my elder brother, who paid for our mother's care fees in the last few years is expecting to be reimbursed by the estate for these. This has been agreed by the other beneficiaries but not by me. The sum involved is about £180K and this would mean I'm being deprived of £45K. In the circumstances, am I stuck with the declaration I signed and just have to suck it up? Law of England and Wales. Any advice appreciated. Happy New Year to everyone.

I can't follow the logic here. You seem to be saying that your payout of £15K was made on the basis you would make no further claim on the estate, but then say you'd be deprived of £45K if your brother is reimbursed for the care costs he incurred. I'm assuming the first statement isn't quite what you meant? If your brother is owed £180K from the estate, your agreement isn't needed (nor is anyone else's) - legitimate debts take priority over payouts to beneficiaries.

davilown

Why do you expect your brother to pay for your mothers care when she had the assets to pay for herself? 

Any monies you receive/received be grateful for - it’s not the responsibility of your mother to support you in adult life. She needed the care and your brother paid for it with the knowledge he’d receive it back following sale of assets.
Simples.

sheramber

Why do you think your share should be £60k ?

How much os left in the estate costs ,  once all debts have been paid- reimbursement  care home fees, funeral costs, etc?