50/50 with clause Will Advise

Mintyrose

Mojisola said:

Mintyrose said:

Your guess is as good as mine on why he isn’t already paying, he’s self-employed (occasionally) and thrives and lives off his problems, so dad picks up all the bills

As your brother is being financially maintained by your father, he has a valid reason to challenge the 50/50 split in the will and argue that he should be get a bigger percentage.

Really? 😬 that’s very interesting! So a 58 year old + could really play up, has lived a great lifestyle freeloading, and could still get extra? Omg 

Emmia

Mintyrose said:

Sarahspangles said:

Sorry to keep asking questions - why isn’t brother paying rent now, and shouldn’t he in future if he’s using half your house.  Charging rent is a useful parental tactic to motivate children to fly the nest.

Your guess is as good as mine on why he isn’t already paying, he’s self-employed (occasionally) and thrives and lives off his problems, so dad picks up all the bills 😬 I’m not sure how it would work if I charged him rent as I’m in social housing? All good questions 😀 keep asking as it makes me think too 

If your brother started paying rent, he could also argue that he's acquiring part of the house, so it wouldn't be a 50/50 split - it might be (for example) a 60/40 split in his favour depending on how long he contributes... Your Dad supporting him financially might also mean he can argue for a different split in his favour too.

Sarahspangles

Did your dad write his own Will or with help from the solicitor you mentioned, and have you actually seen it? If not your dad’s summary may not include detail for your protection.  I think I’d be concerned most about the house being transferred into your name and losing your first time buyer’s status if you have always rented, and secondly what happens if brother moves tenants in for income.

Sea_Shell

I hate to be a downer, but potentially this might not be resolved even after any given 2 year period. ☹️

What incentive would there be for your Brother to comply?

What if he just lets the house go to pot?

I'm assuming there isn't enough cash in the estate for him to buy you out.   So you have cash, he keeps house, but overall it's still 50/50.

Mintyrose

Sarahspangles said:

Did your dad write his own Will or with help from the solicitor you mentioned, and have you actually seen it? If not your dad’s summary may not include detail for your protection.  I think I’d be concerned most about the house being transferred into your name and losing your first time buyer’s status if you have always rented, and secondly what happens if brother moves tenants in for income.

He wrote it with the solicitor who is the 3rd executor, I hadn’t thought about him being able to move someone in, this is why i wanted to ask the question, as I have no idea what to do,