Concerns regarding a will being contested

gwynlas

I went back to your first post and  might be confused but the only change that I can see is that your mum wishes to gist you 50% now whereas you were considerig a deed of variation on your mums demise to give the house to your sister.  You both already have your own homes so so would your sister sell hers giving you the proceeds? Would that not go against your mums wishes or are you quite happy that your sister gets the house? Considering that there appears to be only you two siblings and the granchildren if they are named in the will you appear to be fixated on what are the monetary consequences of your mothers death. Your mothers will appears to have already been written in a concise way. Financially it could affect you both if you take on ownership now so perhaps things are best left as is. If your mum wishes to dwell on what happens after her death perhaps she should cocentrate on her funeral arrangements

SarahB16

gwynlas said:

I went back to your first post and  might be confused but the only change that I can see is that your mum wishes to gist you 50% now whereas you were considerig a deed of variation on your mums demise to give the house to your sister.  You both already have your own homes so so would your sister sell hers giving you the proceeds? Would that not go against your mums wishes or are you quite happy that your sister gets the house? Considering that there appears to be only you two siblings and the granchildren if they are named in the will you appear to be fixated on what are the monetary consequences of your mothers death. Your mothers will appears to have already been written in a concise way. Financially it could affect you both if you take on ownership now so perhaps things are best left as is. If your mum wishes to dwell on what happens after her death perhaps she should cocentrate on her funeral arrangements

On the assumption my mum has not needed to sell her home to provide care then yes both my mum and I would be happy for my sister to live in my mum's house on her demise and yes my sister would probably need to sell her house to do that.   That would not go against my mum's wishes as she does not mind if my sister lives in her house.  It's the financial side that my mum wishes to address and she has already told me what she would like for her funeral but there was no need for me to raise that as that was not my mum's question.   

My mum is speaking to her friends on the telephone and is hearing all different sorts of advice (including this recent 50% transfer option) but all of the view that my sister should not be included in the will and when my mum brought up the subject a couple of days ago I suggested it may be better getting opinions on this forum.  I am not fixated on anything at all.  Instead I just want my mum's wishes to be carried out according to her wishes.  

Thank you to everyone for your earlier replies they are really appreciated.  I think you can see why I don't like posting this question on here because of how it makes me come across and then I am made to feel like I have to justify myself.  

Marcon

SarahB16 said:

gwynlas said:

I went back to your first post and  might be confused but the only change that I can see is that your mum wishes to gist you 50% now whereas you were considerig a deed of variation on your mums demise to give the house to your sister.  You both already have your own homes so so would your sister sell hers giving you the proceeds? Would that not go against your mums wishes or are you quite happy that your sister gets the house? Considering that there appears to be only you two siblings and the granchildren if they are named in the will you appear to be fixated on what are the monetary consequences of your mothers death. Your mothers will appears to have already been written in a concise way. Financially it could affect you both if you take on ownership now so perhaps things are best left as is. If your mum wishes to dwell on what happens after her death perhaps she should cocentrate on her funeral arrangements

On the assumption my mum has not needed to sell her home to provide care then yes both my mum and I would be happy for my sister to live in my mum's house on her demise and yes my sister would probably need to sell her house to do that.   That would not go against my mum's wishes as she does not mind if my sister lives in her house.  It's the financial side that my mum wishes to address and she has already told me what she would like for her funeral but there was no need for me to raise that as that was not my mum's question.   

My mum is speaking to her friends on the telephone and is hearing all different sorts of advice (including this recent 50% transfer option) but all of the view that my sister should not be included in the will and when my mum brought up the subject a couple of days ago I suggested it may be better getting opinions on this forum.  I am not fixated on anything at all.  Instead I just want my mum's wishes to be carried out according to her wishes.  

Thank you to everyone for your earlier replies they are really appreciated.  I think you can see why I don't like posting this question on here because of how it makes me come across and then I am made to feel like I have to justify myself.  

As you've said above, you suggested to your mother than you should 'get opinions'. There are plenty of people on here who seem to favour doing something other than answering the question(s) posted, sometimes with good intentions(!), but all they are doing is offering opinions.

You don't need to justify yourself to a bunch of strangers, so just ignore such comments and focus on what you've asked - but don't overrate what this sort of forum can offer. Your mum needs personal advice from a professional who is familiar with all relevant facts, not the results of a straw poll from those who might mean well but aren't remotely familiar with the family dynamics.

TBagpuss

https://forums.moneysavingexpert.com/discussion/6443334/concerns-regarding-a-will-being-contested

You mention that she has aleady got a will and a supplementary lettre to the will, which are the first things I'd suggest.

Did she get that willdrawn up by a solicitor? IF not, then that s the way to go. She should elai tp the solicitr that she is concerned about her duaghter contensting the will.

This helps in two ways.

Firstly. if the will has been professionaly prepared, then it is much harder for your sibling to claim that there was any undue influence on your mum - the solicitor should be able to ensure that they make detailed attneadance notes (and shae can ask them if she can have a copy or if they can write to her to confirm their advice and instructions in writing, so she has a record of her own (separate from any record they keep, which may not be available when she dies depending on how long she lives!)

The solicitor can also consider whether there is any concern over her capacity and talk to her about getting a docotor's letter if need be.

Thirdly, they can rview her sideetter with her and advise on whether there is anything thye would suggest adding or changing.

Your mum could add you to the deedsof the house so you and she own as Joint Tenants - this would mean that on her death, the house would aautomatcally pass to you, rather than forming part of the estate pasing under her will.

However, this has implicatins for ypu - it coud incresae the over all tax payable as you would be laible for Capital Gains Tax on your intereest in the hosue, and there would I think also be stamp duty to pay at the point it was trnasferred. It could also make your mumvulnerable if anything went wrong , for instnace if you were t divorce or become bankrupt. So if she does go down that route then she should get proper lega ladvice about how to ensire that she is protected, and so shouse you, spearately.

However, a claer, professionally prepared will and side-letter ought to be enough on their own., especially as long as she doesn't provide your sister with finacial support hat could cause her to calim she was being maintaied at the time of mum's death.,