Challenging my sister in an inheritance

28 replies

BillER · 28/10/2022 18:14

Hi everyone,

I will try to keep this as brief as possible. My mother added my sister to the title of the family home in 2015 (50% share and tenants in common). Our mother passed away in June 2022 with no will. Under the intestacy rules, I understand that my sister will also gain a share of mum's half of the house. Can this be challenged?

I also know that my sister did not pay any rent to our mother over the years and contributed little to bills etc. Can this fact be used as a basis to a challenge?

As a family, we have just had the house valued and will be instructing a solicitor shortly to manage the administration process.

Thanks for your comments and thoughts.

OP posts:

isitginoclock · 28/10/2022 21:46

OP you don't say what your sister is planning on doing here.

V little knowledge of intestacy but i think what you're saying is your sis owns 50% of property, and as your mum died without a
Will, her estate (remaining 50% of house and any other assets) will be split equally? That sounds about right in terms of the law - have you talked to your sis about what she wants tho?

CPL593H · 28/10/2022 21:53

Fink · 28/10/2022 20:06

This situation happened with my grandparents' house, except that there were more siblings to share the 50% between (the other 50% all went to one sibling, who still wanted her share of the other 50%). Since the sibling who owned 50% doesn't have any children, the others would have been happy to let her live in it until her death and then split it between the remaining families (who all have children), but that didn't work because one sibling needed the money to be sorted as part of a divorce settlement (even if he didn't receive it immediately). It took years and years and very expensive lawyers to eventually agree that it had to be split evenly between all the siblings equally, including the one who already owned 50%.

Does your sister have a family? And do you need the money urgently? If no to both, I would be inclined to come to an agreement with her, that she can live there in her lifetime and then you or your family will inherit the whole house from her. And that she can't sell in the meantime without your permission.

It sounds like her sister may own 75% of the house. Why would she agree to this?

CPL593H · 28/10/2022 21:54

Whadda · 28/10/2022 21:45

This this a reverse?

You seem to have a lot of threads around a similar theme, but in most of them you’re the one who owns part of the property (varies from 50-60%), and we’re either added to the deeds seven years or ten years ago. Plus you have either one sister or two.

www.mumsnet.com/talk/legal_matters/4662228-buying-out-my-siblings?reply=

www.mumsnet.com/talk/legal_matters/4660486-potential-family-dispute-with-our-mothers-estate?reply=

www.mumsnet.com/talk/legal_matters/4570544-not-a-having-a-will?reply=

Maybe post the real scenario and people can give you advice based on the actual facts?

Thank you, perhaps not as thought.

Flip

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