50/50 with clause Will Advise

Mintyrose

Hello! 

I’m wondering if anyone could advise please? Maybe been in the same situation? 

My father, in his mid 80s, has drawn up his will, everything to be shared 50/50 between myself and my sibling. My sibling had lived at my Dads house for over 10 years since a divorce, and since had a child in a new (failed relationship) he’s never moved out as obviously easier to life with/off Dadas has no steady income.  What are my rights re:house as dad has put in a clause that allows sibling to stay for up to 2 years, to get himself sorted( why that would happen after so long I don’t know!) if he has debts and has had child maintenance freeze his bank account , if he is made to sell to clear debts etc , where would I stand, do I lose my half? As this is needed for me to get out of social housing , thank you for any help/advise 

Keep_pedalling

It’s quite a normal clause, it is giving your brother time to sort alternative accommodation. If for some reason he decided just to satay put you would have 2 options let him stay or force a sale, in either case you would still own half the house.

When the time comes you will just have to work with him to make sure it goes smoothly. Also remember you dad may no longer own the house when h e dies he may have moved into more appropriate accommodation or end his days in a care home.

Mintyrose

Thank you! Oh yes I totally understand dad may need the finances before that, and also anything could happen to either of us also, I’m just panicking as he isn’t the most trustworthy sibling and I know dad wants to do right by us both, I guess I’m scared of losing my families future, and it goes without saying losing my best friend and dad 

sheramber

Your brother's debts would only be paid out of his share of the estate.

Your half share of the estate, would not be used to pay his debts.

Mintyrose

sheramber said:

Your brother's debts would only be paid out of his share of the estate.

Your half share of the estate, would not be used to pay his debts.

Thank you! That gives me peace of mind 🙏 

TBagpuss

Yes, as Sheramber says, they can't secure *his* debts against your share of the property, so you wouldn't lose out, although if his debts came to more than the value of his share it might slow down the sale process.

 You may want to check with your dad whether he has made provision for your brother to be responsible for maintenance of the house and ensuring that it is insured and kept in as good condition while he is there - I am not sure what the default would be if it were not specified but you want to make sure that you don't have a situation where the estate is responsible for those expenses so you in effect end up paying half of his bills for the two year period.

RAS

You also might want to ask dad who the executor(s) are?

Mintyrose

TBagpuss said:

Yes, as Sheramber says, they can't secure *his* debts against your share of the property, so you wouldn't lose out, although if his debts came to more than the value of his share it might slow down the sale process.

 You may want to check with your dad whether he has made provision for your brother to be responsible for maintenance of the house and ensuring that it is insured and kept in as good condition while he is there - I am not sure what the default would be if it were not specified but you want to make sure that you don't have a situation where the estate is responsible for those expenses so you in effect end up paying half of his bills for the two year period.

As far as I’m aware brother will have responsibility for all bills and maintenance, as I have my own home to run and he’s had no financial responsibilities (house/bill wise) over 10 years 

Mintyrose

RAS said:

You also might want to ask dad who the executor(s) are?

The two of us and Dads solicitor 

Keep_pedalling

Mintyrose said:

RAS said:

You also might want to ask dad who the executor(s) are?

The two of us and Dads solicitor 

Normally I would say avoid having a solicitor as executor, but in this case it might be advisable.

RAS

Agreed with K-p, usually, I'd suggest getting the solicitor to renounce, but if the house is still owned use them to ensure bro keeps to the timetable.

Maybe start by getting all the bills transferred to bro's name, and suggest all three meet a few months down the line to agree a timetable for disposal.