Probate Given, and a Promise Unfulfilled

MadMonkey007

With sound mind, mum expressed her wish that the house be left to the youngest of my three sisters. It was hard to hear, but it made sense - both the elder two sisters and myself had homes, the youngest was living with mum. In fact, for the last six months, the younger sister was mum's carer.

This change was to be reflected in a new Will that she'd started making, as was the change of all four of us being Executors. But, by the time it was ready to sign, mum was at the stage were she couldn't sign it off. The old Will would stand, unless we did a Deed of Variance.

No longer being local, and sadly being denied access to the house after mum's passing, the Solicitor agreed that someone local would probably be a better Executor. after much soul searching, and with sadness, I renounced; this had immediate backlash from the elder sister, who did take up the role.

I offered my support and mentioned the Deed of Variance again. I never heard anything until yesterday.

My younger sister got in touch with frankly shocking news. Despite us all agreeing to mum's wishes verbally, the eldest sister had not proceeded down the Deed of Variance path, instead she decided to honour the original Will - sell the house and split the proceeds 4 ways.

There seems to have been no thought of honouring mum's words, nor has there been any thought about making the youngest sister homeless. The younger sister thought her future was safe, and now that rug has been pulled from under her feet. While the split will be a good amount as a deposit, the younger sister is on a part-time job, I think she'll struggle to get a mortgage, and I also think she'll struggle to get council/private rented accommodation. 

I feel the elder sister has betrayed a promise to mum, and to all of us. Don't get me wrong, the Will is correct in the sale and split, but morally it absolutely is the wrong thing to do.

Are there grounds to contest this? And if so, how on earth do I  and my younger sister go about it?

[Deleted User]

No. Your mother's will is the basis for distributing the estate.

However, there is nothing to stop you as individuals gifting money to your younger sister after the distribution.

Mojisola

Even if you had stayed as executor, you couldn't have forced a DoV through. All beneficiaries adversely affected by it have to agree to the variance and it sounds as if your sibling wouldn't have done so. 

MadMonkey007

Deleted_User said:

No. Your mother's will is the basis for distributing the estate.

However, there is nothing to stop you as individuals gifting money to your younger sister after the distribution.

Nice handle :-)

I suspect this is the case sadly.

I can say with clarity that I will be gifting money to the younger sister. I would like to think the other two would do the same, but I suspect they will not.

MadMonkey007

Mojisola said:

Even if you had stayed as executor, you couldn't have forced a DoV through. All beneficiaries adversely affected by it have to agree to the variance and it sounds as if your sibling wouldn't have done so. 

Thank you.

This is exactly what my better half said to me last night. The youngest would have signed it of course, as would I despite being treated as I have been, but the other two wouldn't.

Its so sad that this has happened, I really feel for the youngest sister.

missnosey122

MadMonkey007 said:

With sound mind, mum expressed her wish that the house be left to the youngest of my three sisters. It was hard to hear, but it made sense - both the elder two sisters and myself had homes, the youngest was living with mum. In fact, for the last six months, the younger sister was mum's carer.

This change was to be reflected in a new Will that she'd started making, as was the change of all four of us being Executors. But, by the time it was ready to sign, mum was at the stage were she couldn't sign it off. The old Will would stand, unless we did a Deed of Variance.

No longer being local, and sadly being denied access to the house after mum's passing, the Solicitor agreed that someone local would probably be a better Executor. after much soul searching, and with sadness, I renounced; this had immediate backlash from the elder sister, who did take up the role.

I offered my support and mentioned the Deed of Variance again. I never heard anything until yesterday.

My younger sister got in touch with frankly shocking news. Despite us all agreeing to mum's wishes verbally, the eldest sister had not proceeded down the Deed of Variance path, instead she decided to honour the original Will - sell the house and split the proceeds 4 ways.

There seems to have been no thought of honouring mum's words, nor has there been any thought about making the youngest sister homeless. The younger sister thought her future was safe, and now that rug has been pulled from under her feet. While the split will be a good amount as a deposit, the younger sister is on a part-time job, I think she'll struggle to get a mortgage, and I also think she'll struggle to get council/private rented accommodation. 

I feel the elder sister has betrayed a promise to mum, and to all of us. Don't get me wrong, the Will is correct in the sale and split, but morally it absolutely is the wrong thing to do.

Are there grounds to contest this? And if so, how on earth do I  and my younger sister go about it?

There is a way to contest - 2 actually look up financial provision act and properity estoppel. Before going down this road check your sister doesn't have any personal problems you don't know about maybe on means tested benefits (deprivation of assets dwp) DRO IVA bankrupt they all change way inheritance can be dealt with  it may turn out your sister has no choice but to claim her inheritance 

I think you can all still do a deed of variation with your sisters if the executor would agree (can't see why if it doesn't affect her entitlement) where by  2 of agree to give your shares in money to the younger sister to enable her to get somewhere else.

Good luck

missnosey122

Just an add on

Reason I said DoV is bc there maybe tax problems in future over gifting check throughly before hand.

JGB1955

missnosey122 said:

I think you can all still do a deed of variation with your sisters if the executor would agree (can't see why if it doesn't affect her entitlement) where by  2 of agree to give your shares in money to the younger sister to enable her to get somewhere else.

Good luck

AIUI you wouldn't need the agreement of the executor (as long as you are only diverting YOUR inheritance).

getmore4less

missnosey122 said:

MadMonkey007 said:

With sound mind, mum expressed her wish that the house be left to the youngest of my three sisters. It was hard to hear, but it made sense - both the elder two sisters and myself had homes, the youngest was living with mum. In fact, for the last six months, the younger sister was mum's carer.

This change was to be reflected in a new Will that she'd started making, as was the change of all four of us being Executors. But, by the time it was ready to sign, mum was at the stage were she couldn't sign it off. The old Will would stand, unless we did a Deed of Variance.

No longer being local, and sadly being denied access to the house after mum's passing, the Solicitor agreed that someone local would probably be a better Executor. after much soul searching, and with sadness, I renounced; this had immediate backlash from the elder sister, who did take up the role.

I offered my support and mentioned the Deed of Variance again. I never heard anything until yesterday.

My younger sister got in touch with frankly shocking news. Despite us all agreeing to mum's wishes verbally, the eldest sister had not proceeded down the Deed of Variance path, instead she decided to honour the original Will - sell the house and split the proceeds 4 ways.

There seems to have been no thought of honouring mum's words, nor has there been any thought about making the youngest sister homeless. The younger sister thought her future was safe, and now that rug has been pulled from under her feet. While the split will be a good amount as a deposit, the younger sister is on a part-time job, I think she'll struggle to get a mortgage, and I also think she'll struggle to get council/private rented accommodation. 

I feel the elder sister has betrayed a promise to mum, and to all of us. Don't get me wrong, the Will is correct in the sale and split, but morally it absolutely is the wrong thing to do.

Are there grounds to contest this? And if so, how on earth do I  and my younger sister go about it?

There is a way to contest - 2 actually look up financial provision act and properity estoppel. Before going down this road check your sister doesn't have any personal problems you don't know about maybe on means tested benefits (deprivation of assets dwp) DRO IVA bankrupt they all change way inheritance can be dealt with  it may turn out your sister has no choice but to claim her inheritance 

I think you can all still do a deed of variation with your sisters if the executor would agree (can't see why if it doesn't affect her entitlement) where by  2 of agree to give your shares in money to the younger sister to enable her to get somewhere else.

Good luck

worth looking at as younger sis was dependant on the property and it was promised.

A compromise may be young sis gets a life interest rather than inherit the  property, that just delays the distribution to the rest of you.

getmore4less

For anyone one reading in a similar situation.....

Worth noting  that there was a much quicker way to actually achieve the goal than writing a new will.

Gift 1/2 the house as joint tenants, I think a simple deed would be sufficient until the  land registry was updated..

missnosey122

getmore4less said:

For anyone one reading in a similar situation.....

Worth noting  that there was a much quicker way to actually achieve the goal than writing a new will.

Gift 1/2 the house as joint tenants, I think a simple deed would be sufficient until the  land registry was updated..

Trouble is younger sister can't afford to by the 2 older ones out & they want/need their share so property will need to be sold.