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Not a having a Will

6 replies

BillER · 16/06/2022 17:32

Dear All,

I hope you can assist me with your views.

I own 50% of the family home with my mother (joint tenants in common). I was added to the title after my father died over 10 years ago. I have lived with, and been caring for, my mother throughout this time.

Sadly my dear mother passed away recently and matters of inheritance are now being discussed with my other siblings. My mother did not make a Will but expressed wishes to me regarding the allocation of monies from her 50% share of the house on her death bed. I noted these and she signed the paper I wrote them on.

One of my sisters, who provided care for her over recent years, was given special mention in her final words. I desperately want this particular sister to receive what my mother stated however I am doubtful whether my other siblings will agree. What can be done in such a situation? Is there anything that I can do to ensure my mother's wishes are realised? I feel strongly about this as my other siblings have done relatively little to help her over the years.

Thank you for your time and please ask me any further questions if this helps.

B

OP posts:
WetWilly · 16/06/2022 17:38

take legal advice
its an absolute nightmare when there is no Will

was this death bed wishes witnessed by someone other than you?

not sure if it would hold up legally if someone were to contest it

OperationRinka · 16/06/2022 18:06

Just to be sure, were you joint tenants or tenants in common? They're different things.

If you were joint tenants then her half of the house goes straight to you and you can do whatever you want with it.

If you were tenants in common then the default position is that her half of the house is now owned in equal shares between all the siblings. So if there are four of you then you should own 62.5% of the house and the others own 12.5% each.

However it's very easy to change that allocation in line with your mother's wishes if you and your siblings want to. Go to your other siblings, show them your mother's expression of wishes, ask the other siblings to reduce what they receive in order for your sister to get what your DM wanted. If they say yes, then get a solicitor to draw up the agreement and divide accordingly. If they say no then you can give your inherited share to your sister, and any other sibling can do the same.

OperationRinka · 16/06/2022 18:07

The deathbed declaration has no legal force, all you can do is show it to your siblings and try and persuade them to follow your mother's wishes.

BillER · 16/06/2022 18:14

Thanks for your replies. Just to confirm we were 'tenants in common'.

OP posts:
prh47bridge · 16/06/2022 19:29

As a previous poster said, your mother's wishes have no legal force. Whilst you and your siblings could sign a deed of variation to follow your mother's wishes, your siblings cannot be forced to do so. If they won't agree, the intestacy rules must be followed.

BillER · 17/06/2022 06:53

Thanks very much everyone for taking the time to reply- it's helped me a lot.

Bill

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