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Original poster

My gran died without leaving a will

57 replies

Helmlover · 24/09/2018 22:47

My gran passed away 7 years ago without leaving a will, however she stated clearly while she was in the hospice that my aunt should have my gran’s house (she had already been living with my gran before she died). The problem now is my mum (my gran’s daughter) is experiencing financial difficulties and could really do with her share of the house (as the law still states that it should be split equally amongst the deceased children), however this is causing tension within the family as the other brothers and sisters are saying that she should be respecting her mums wishes and let my aunt have it. To make matters worse, my aunt is neglecting the house and my mum is watching her inheritance go down the drain! What is the right thing for my mum to do in this situation?

OP posts:
Branleuse · 24/09/2018 22:48

Have you spoken to a solicitor

Bringonspring · 24/09/2018 22:49

I’m sure a lawyer will advise but I think there is a legal and an ethical answer here

JulietteGrimm · 24/09/2018 22:51

You need to speak to a solicitor, but I agree with the other brothers and sisters tbh. If it was your grans clearly stated wish that your aunt should have the house that should be respected.

Original poster
Helmlover · 24/09/2018 22:52

No we haven’t got any legal advice yet, but I suspect that’s the next step.

OP posts:
HoleyCoMoley · 24/09/2018 22:56

Is the aunt your mum's sister and is she still living in the house. Are the other brothers and sisters your grans children too.

Original poster
Helmlover · 24/09/2018 23:03

Yes my aunt is my mums sister who is still living in the house. And yes the other brothers and sisters are also my gran’s children.

OP posts:
HoleyCoMoley · 24/09/2018 23:06

Are all the others happy to give up their share and let auntie live there, could your mum ask her sister for some money. Who will inherit the house when auntie dies.

Original poster
Helmlover · 24/09/2018 23:07

It is still technically in my gran’s name as it hasn’t officially been signed over, my aunt just lives there.

OP posts:
HeronLanyon · 24/09/2018 23:16

Just wondering - please don’t read anything into this one way or another - but I wonder who the executor of your gran’s will was. I then wonder what and how and when inheritance tax was paid etc etc. You may wish to hold off seeing a lawyer about the other issue until you and your family have made sure everything that should have been done years ago has been done. Forgive me as of course it may all be100% sorted but for some reason it sounds a bit ‘loose’. ?

DelphiniumBlue · 24/09/2018 23:16

You need proper legal advice. Normally in the absence of will, the estate would be divided equally between the children. A wish expressed verbally would not usually be legally enforceable. But there are circumstances in which your aunt might be able to claim the property,or an increased share of it, for example if your aunt was a dependant, or if she gave up her own home to look after your gran on the basis of a promise. As another poster said, the legal position and the moral one are not necessarily the same.

HeronLanyon · 24/09/2018 23:17

And of course there may not have been inheritance tax anyway. . . Complex.

Original poster
Helmlover · 24/09/2018 23:24

There was no executor as there was no will. No inheritance tax I don’t think as property is only worth about £75k. I just want to know where my mum stands-can she legally force the sale of the property against her siblings wishes? She obviously can’t force my aunt to give her her share/buy her out.

OP posts:
umizoomi · 24/09/2018 23:25

Heron. OP says there was no will

HoleyCoMoley · 24/09/2018 23:26

Heron, there was no Will. I think you need to seek legal advice. They will tell you what needs to be done and if anyone needs to be told that your aunt is living there.

Bosabosa · 24/09/2018 23:28

How is the house still in your gran’s name if she died 7 years ago?!

umizoomi · 24/09/2018 23:30

You need legal advice. I would have thought that as your gran died intestate that any estate is split equally by the next of kin. So, yes legally your mum has a claim.

I would imagine that as your Aunt lived there, your Gran meant that she could have it while she was alive and then would be sold and split at some point later - this happened to my auntie when her mother died but her brother lived in the house. It couldn't be sold until he wanted to move or he died. But that was in a will.

I can't imagine your aunt has any legal claim on the who house other than her share as one of the NOK

mumof06darlings · 24/09/2018 23:30

I think legally she has a case but morally I don't think she does

JulietteGrimm · 24/09/2018 23:36

Also, if your mother does go against her mother's wishes to force the sale of the house she may well lose contact with her siblings. And (probably) get less money and take more time than she expects because it is difficult to sell a house when the occupier doesn't want it sold. I'd have to be in pretty dire straits to go ahead with this option.

HeddaGarbled · 24/09/2018 23:36

The right thing for your mum to do is accept that her mum’s wish was to will her house to your aunt, even though she hadn’t had that formally legalised. Legally, your mum can force this through, but she will alienate all her siblings, perhaps irreparably, if she does.

LuluJakey1 · 24/09/2018 23:38

As I recall, you only have two years to agree to vary an estate where the deceased was intestate- had no will. In this case, all the children of the deceased- assuming she had no husband living- should have signed a deed of variation agreeing how they wanted to share out the money. As you have to do that within two years of a death, I don't think you can now do it. Your mum needs legal advice but I think she can legally insist on having her share of the house. As it is not worth a great deal, might her brothers/sisters buy her out? They could then agree that the sister has it for the rest of her life. I would do it all legally though.

Blessthekids · 24/09/2018 23:49

The problem with getting solicitors involved is that you may find any share is largely lost to fees once the dust settles. It might be better to speak to siblings and see if they can help your mum financially instead

birdladyfromhomealone · 25/09/2018 00:00

its not your mums inheritance. You Gran made her wishes known to all her family so why would you mum disrespect her wishes. Many of the older generation didnt feel the need to have a will drawn up legally as they trusted their family to honour their wishes. it seems like your mums siblings are in agreement to honour this, its just you mum who doesnt feel its fair, at the end of the day your gran wanted your aunt to inherit not your mum

Bringonspring · 25/09/2018 00:07

How many bothers and sisters? If 3 of you that’s just £25k. No lawyer will touch it. You can only get them to buy your mum out

Shadow1234 · 25/09/2018 04:13

So can i ask what would happen to the auntie, if she was forced to sell the house? Is someone else willing to give her a roof over her head?? I think i personally would have to honour my grans wishes (even though it was only verbal) - and then when the auntie dies, the siblings then get their share.

Booie09 · 25/09/2018 05:32

How many brothers and sisters are there? Because if there is a lot 75k is not going to go far after selling fees! Is it worth making your Aunt homeless for a couple of grand?

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