Parents' Will

[galgaf12]

Hi All

Hope somebody more knowledge than me can help!

I am one of 4 children. All of us own our own homes.

My dad died last year leaving my mum still alive - she's 79.

In my dad's will it stated that everything gets split equally between the four of us.

The issue is the house. It's a small terraced house with a garden worth about £190,000 and has no mortgage.

My mother has always said she would like one particular sister (the oldest) to have it. This sister seems to want it but the will doesn't mention the house.

I have no problem with her having the house if the other 3 of us have cash to the same value. What if there isn't enough cash in the bank though? What if there is enough cash now but care home fees in the future reduce it my £150,000? This is my mother's wish so could my sister still claim rights over it? Would she have to buy us all out? What if she promises to pay then doesn't?

I really wish we were just going to sell the damn thing and just split the money equally!

Any help would be good!

Surely your dad can only leave you his half ? Your mum can do what she likes with her half.

Can your Dad leave everything to the children? Surely your Mother owns at least half the marital assets? Did your Dad disinherit her?

Not a lawyer but I would think that if you Dad wholely owned the house and left it to all of you then your Mum doesnt get to decide if your sister gets it all.
The issue is if it was left to your Mum as then it is now hers and she can do what she wants.
If you do all own 1/4 then it has to be sold, unless one of you can/wants to buy the other 3/4 of it

I am confused, in your dads will it states to split everything 4 ways, i am assuming that was in the event your mum was already dead. Therefore it sounds like your mum has inherited everything and your concerned she may decide to do something that wouldnt be fair in the event the money she has left is markedly less in the event of her death and therefore if your sister inherits the house you dont think it is fair?

What is your mother’s situation re the house? Was it in your father’s name only? Did he leave her out of the will completely?

Your mother has survived your father, so everything is now hers to distribute. She needs to make her own will or update it.

My dad left everything to his wife and her will is the same as his - a simple 4 way split.

If my sister gets the house she will have more them a quarter. My mum would like this to happen but hasn't changed her will and I doubt she would be considered of sound mind anymore.

As far as I know, my sister getting the house is my mum's "wish" but it is not in the will.

Thanks t all for taking the time to reply BTW!

Sorry if I'm not clear! I have no legal knowledge at all!

If your Mum doesn’t change her will then you will still have an even divide. What she says won’t count against a legal will. If your sister wants the house you can either all agree a variation to the will to allow her to have it or she can take out a mortgage for the difference between her quarter and the value of the house so that you all get the same amount.

What's written in the Will at the time of death is legally binding, unless you draw up a Deed of Variation with 2 years of death which all beneficiaries & executor have to agree to (& is costly) & also legally binding.

An expression of wish is purely a wish & doesn't need to be fulfilled
If she chooses to alter her Will prior death, that's her choice.

So assuming your Mum's will stays the same, you and your siblings could have a couple of options - if there is enough cash/assets left in the pot after expenses and tax have been paid, your sister could receive the house as her share and the rest of you could receive an equivalent share in cash. Or your sister could buy you out of the house, using her own savings and/or taking out a mortgage on the house to ensure you get your fair share. Or if you want you can agree to vary the will so sister gets the house and you and siblings split the remaining cash between you, even if this means you get a smaller share than her (emphasise this would be up to you individually to agree, or not). Or if this is not possible for whatever reason then house will have to be sold and proceeds divided 4 ways...

Of course if your mother still has capacity and changes her will then all bets are off, if your father left her all his property absolutely to do with as she wishes, or if the house was owned as joint beneficiaries then its hers to do with as she wants and she can leave it to your sister and cut the rest of you off, if she decides to. If the house has to be sold to pay care fees then that's a separate issue and your sister still not be able to live there but again if your mother has capacity that wouldn't stop her cutting the rest of you off...

This is my mother's wish so could my sister still claim rights over it

Your mother's will sets out how her estate must be split. She may have expressed a wish for it to be distributed differently but that doesn't give your sister any rights over the house. You can agree between you that she can have the house but she won't be able to claim it.

Would she have to buy us all out

Unless all four of you agree otherwise, the estate must be split into four equal portions. Therefore, if the house is more than one quarter of the estate, your sister will have to buy you out if she wants it.

What if she promises to pay then doesn't

The executor(s) should not transfer ownership of the house to her until she has paid. If she doesn't pay, she doesn't get the house.

Hi

Thanks for all of your very helpful responses.

You’re sister would have to pay you all our surely?