Legal guardians and inheritance

[Xitt]

My DM is considering becoming a legal guardian for a woman with mental disabilities who has lost her parent. Letting the woman live with her and looking after her. My question is whether that will make the woman entitled to DM’s house (which is willed to me and my siblings) or financial support from her estate if DM dies? We’re happy for DM to look after this lady if she chooses to do so but not if it gives her entitlement to DM’s estate.

The idea of guardianship is to help and protect the person needing it, perhaps your mum could speak to the relevant authorities before making any decision.

I’m pretty sure that she will acquire the right to make a claim against the estate, but you’re best off having a wills and probate specialist confirm it for you.

What would happen to her when your DM is no longer here?

I think you would need to make it clear to your DM that you would not assume responsibility.

The law relating to people eligible to male a claim against an estate includes “Any other person the deceased 'maintained'. This means they were making a substantial contribution towards their reasonable needs (whether in cash or with something else of value) up to death, on the basis that he or she had assumed responsibility for them. The court will look at the type, value and purpose of the payments, and how long they were being made.”

What would happen to her when your DM is no longer here?
She’s a distant cousin of DM. It’s possible that DM would outlive her. If not then another family member would have to take her in, or worst case scenario she’d end up in a care home. The lady receives disability benefits so DM wouldn’t be supporting her financially, just looking after her.

How would you feel if your DM left her some money or a share of the house sale proceeds in her Will, that would be your DM wishes.

That would be up to DM. But we’ve discussed it and she’s very clear that while she’s happy to provide care for her relative she intends to leave her assets solely to her children as per her current will. She doesn’t want to make the kind gesture of caring for this lady if it’s going to end up costing her children their inheritance.