Inherited house

Beckz1205

hello, just looking for some
advice- I’ll try keep it as simple as possible. My nan unfortunately has recently been diagnosed with terminal cancer. So understandably she wants to get her will/assets in order. Myself and my mother currently cohabitate in my nans house. I lived in this house with my nan since I was about 15 years old. Then my nan re-married 13 years ago, moved out and my mother moved in. Originally my nan was going to leave the house to both myself and my mother as we both live here however she has now decided to change this as it has come to her attention that my mother has a fair few debts and my Nan is concerned that people will come collecting owed money/force us to sell to offset her debts when she inherits half the house(a solicitor has confirmed this can happen) and my mother has also said that she would leave her half of the house to my other siblings when she passes and again my nan was concerned that as they don’t live close to us they could again force me to sell as they would have no interest in living in the property. Due to her concerns my Nan has decided to leave the house to me solely now with a clause that my mother can continue to live in the property. I am now just concerned that my mother will more than likely try to contest the will and I would like to know if she would be successful?

Brie

Is your nan of sound mind?  No dementia, no issues due to medication for pain?  If so I believe she can do as she wishes but obviously having a solicitor draw things up properly would be a good idea - even if it incurs extra costs.  

It would also be a good idea that nan has a chat with her daughter about why she's doing what she's doing, (maybe with the solicitor nearby?) so there's no confusion that this is what nan wants and not something you have influenced her to do (I assume you have not).  It should also be pointed out (now or later) that contesting the will would be an expensive thing to do where really the only winners are those on the legal teams.  

Maybe it would help if you were to get a will in place that split ownership between your siblings with the some proviso for mom should anything happen to you.  

Stubod

DIY or are you using a solicitor??

Beckz1205

My Nan went to see the solicitor to have her will drawn up (leaving the house to both of us), she had an appointment originally today to sign the will but since the appointment was made became aware of mums debts etc so changed appointment today to seek advice from the solicitor. The solicitor gave my Nan a few different options and my Nan decided on leaving the house to myself as she doesn’t trust my mother. My mother has said numerous times she doesn’t want to live in the house and would only benefit from selling it. The solicitor did say that my Nan could write a letter stating why she has left the house solely to me which would help if my mum was to contest the will. My nan is of very sound mind currently, she knows what she’s doing etc. She has said she wants to make sure I am protected and not made homeless. 

YBR

I echo what Brie says: the best things are a solicitor-drafted will and a conversation between your nan and your mother so there are no surprises.

Beckz1205

Is my mother able to contest the will when my Nan passes even if she is aware of my nans wishes? 

Stubod

I suppose anybody can contest a will, but assuming the will is done using a solicitor, and heeding the above advice re a letter, it is unlikely it would be successeful!

Mojisola

Did the solicitor suggest the option of making you a 'joint tenant' owner now?

You would automatically inherit the house and it wouldn't be part of Nan's estate so your mother couldn't challenge it.

Keep_pedalling

If your mother is left a life interest in the house she can hardly claim that she has been insufficiently provided for in the will. She could still challenge it but would have little chance of wining a challenge.

Your Nan sounds like she knows exactly what she wants to achieve and she should make her will without worrying about an outside chance that you mother might challenge it. With a significant inheritance coming your way you should also make a will if you don’t already have one in place

Beckz1205

Mojisola said:

Did the solicitor suggest the option of making you a 'joint tenant' owner now?

You would automatically inherit the house and it wouldn't be part of Nan's estate so your mother couldn't challenge it.

No that wasn’t suggested by the solicitor. 

I want my Nan to be 100% sure in her decision and I don’t want to be seen as having an hand in her decision as essentially my mother has been disinherited. I know my mother will think I have had some part in it and will be angry she isn’t getting any money from selling the house. I think that was why the solicitor suggested my Nan write to letter to explain it is to protect the house because of her debts. 

My mother did also say that the only way she would benefit from the joint inheritance of the house would be if she released equity but I would have to agree to that? My nan asked the solicitor if she could do this and if there was a clause she can put in her will to stop this but the solicitor said that once you inherit a property you essentially can’t be told what to do with it. 

maman

Your nan's solicitor has given very good advice @Beckz1205, especially the letter to go with the will which protects you. She seems to have asked all the right questions, a wise woman and certainly in full command.