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Legal matters

Mumsnet has not checked the qualifications of anyone posting here. If you have any legal concerns we suggest you consult a solicitor.

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Original poster

Hand written will legal?

18 replies

HiPassingthrough · 07/08/2025 18:51

While my late mum was in a hospice she dictated a letter to my cousin for her to write up. It was basically saying that she wants my brother to live in her house. He was staying with her while she was poorly. He does have a private rented one which he'll have to give up. The thing is, is the letter a legal will? It was signed by cousin and someone else. I don't want to contest it but do we legally have to prove anything to anyone or just leave it and brother continue to live there?

OP posts:

RentalWoesNotFun · 07/08/2025 18:59

Not a lawyer but I will ask the pertinent things for those who are:
Was she considered of sound mind when she wrote it?
was there any coercion?
did she sign and date it?
was there ever a previous will and has she asked that this one replaces (or revoked or whatever the word is) all previous ones?
is it witnessed by two people providing the required info (address or wgatever) who are not beneficiaries?

Another2Cats · 07/08/2025 20:53

"I don't want to contest it but do we legally have to prove anything to anyone or just leave it and brother continue to live there?"

Do you want what the will says to happen? Or do you want something else to happen?

If you don't want to contest the will then, in reality, if there is a will signed by your mother and with two witnesses then there is nobody else that is going to dispute it.

Although, did her will say anything about what was to happen to the house afterwards?

How long can your brother live there? What happens to the house afterwards?

If you disagree with what happens afterwards then it becomes a very different situation.

Aligirlbear · 07/08/2025 20:55

Agree with first poster. Also assuming mum owned the property there will have to be a formal transfer of ownership and therefore you will need probate. Suggest you take it to a solicitor who can confirm validity as a will or otherwise i.e. it might only be deemed an expression of wishes which is not legally binding.

godmum56 · 07/08/2025 22:29

does she want her brother to continue to live in the house for his lifetime or does she want him to own the house? They are different things.

Soontobe60 · 07/08/2025 22:35

Have you actually seen the will? What’s the exact wording?

heroinechic · 07/08/2025 23:07

Did she have capacity at the time to write a will?

Whether or not it’s valid will depend on whether it was executed correctly I.e signed by her in the presence of two witnesses (who are both present at the same time, saw her sign & aren’t beneficiaries/married to beneficiaries).

There’s case law in the UK where a ‘will’ scribbled on the back of an envelope was considered to be valid as it met the requirements of the Wills Act!

Original poster

HiPassingthrough · 07/08/2025 23:53

Thank you for your replies. Yes my mum had no problems with cognition. Totally of sound mind. It was signed by all and mum stated on letter which she did throughout that my brother was able to live in house for his lifetime then can be sold and split. As brother is youngest I suppose split between grandchildren.
Do we need a solicitor or will it naturally be assumed he owns it now. My brother wants me to sort it out but I need to keep costs to minimal if possible

OP posts:

PinkCampervan · 08/08/2025 00:04

Your brother should sort it out himself not put it on you, you're not his secretary. It needs transferring into both your names I think, then your brother lives there for his lifetime.

I'd see a solicitor for yourself and your interests because who is responsible for upkeep? Unless it's specified that your brother is solely responsible for upkeep, you may have been left a poisoned chalice, a house you can't live in (unless brother dies before you) but have responsibility for 50% of maintenance for it. I'd definitely be contesting that!

When he dies if you're still alive you'll get 50% of the value upon sale and brothers descendants 50% (or whoever he leaves his share to if no descendants). If you're dead, your descendants get your 50%. If he has no descendants and he doesn't make a will leaving his share to anyone, maybe that makes you his sole inheritor? I'm not sure.

slightlydistrac · 08/08/2025 00:12

HiPassingthrough · 07/08/2025 23:53

What does sold and split mean? Split what? Between who? You cannot 'suppose' or 'assume' - that is not how the law works.

You seriously and absolutely need a solicitor to look at this document.

Noras · 08/08/2025 00:15

There could be issues with ambiguity

Did the wording create a life tenancy and a double IHT event ( mums death / brothers death)

what if your brother needs care eventually …
can the house be sold then?

Also was the will signed correctly

It is in writing and it is signed by the testator (or by another person in his presence at his direction);
The testator intended to give effect to the will by signing it;
The testator signs the will in the presence of two or more witnesses present at the same time;
Each witness attests and signs the will or acknowledges his signature in the testator’s presence.

Who are the executors in the will as they should be sorting out matters.

How much was the house worth and is their IHT to pay?

When it is sold will there be CGT or if a life trust IHT

etc etc

godmum56 · 08/08/2025 08:20

slightlydistrac · 08/08/2025 00:12

What does sold and split mean? Split what? Between who? You cannot 'suppose' or 'assume' - that is not how the law works.

You seriously and absolutely need a solicitor to look at this document.

Show quote history

This.

Original poster

HiPassingthrough · 08/08/2025 08:40

OK i think we need a solicitor! So much ambiguity for law. My mum wanted my brother to live in house or rent it out if he didn't live in it. I think mum was worried about brother selling the house and squandering the money and having nothing. So mums thoughts were at least he would have a home for life and then when he dies, it could be sold. Her main concern was brother had a home and possibly not cash? I dont really know mums thinking except she was concerned only about him. No problems with this either as that's how it always was.

OP posts:

Original poster

HiPassingthrough · 08/08/2025 08:43

House is possibly worth one or one hundred fifty thousand as needs a lot of work

OP posts:

IcyMint · 08/08/2025 08:52

I would worry about how he would maintain it.

angelinawasrobbed · 08/08/2025 09:00

If the will is a valid will, I think you can agree a deed of variation with your brother (and anyone else in the ‘split’) to clarify what shpuld happen if he does without kids or needs to go into a home in his old age

but you need a solicitor.

PinkCampervan · 08/08/2025 12:36

"rent it out"

Your mum seems to have no idea about the realities and responsibilities of being a landlord. You really don't want the hassle for a house you'll never see the benefits of, and your brother seems to be someone who would be ill equipped, to be landlords. Tenants can be an absolute nightmare and you can end up in a whole heap of trouble if you haven't done things 100% correctly. If it has to be rented, I'd honestly look into giving your half of the house to your brother and walking away from the whole shit show.

Since you're doing all the work, and paying for the solicitor I presume, don't get sucked into paying for advice for your brother (who appears not to GAF about you and is treating you like staff) and focus only on sorting out what's in your best interests.

From what you've written this seems to be a family dynamic of the narcissist parent, golden child and scapegoat. Just because you've been trained since birth to run round doing what's best for everyone else and ignoring your own needs, that doesn't mean life is meant to be that way or that you have to continue doing it.

Do what's best for you here, ensure you're not caught up in any sticky situations and leave your brother to get on with it. You're not his keeper, you don't have any responsibility for him, if he ruins his life and squanders his inheritance that's not your problem. Just make sure there's no way he can take you down with him.

And if I'm right about the family dynamics then don't put yourself in a position where you can't walk away from any relationship with him if you choose to do so. If you stop acting like his personal staff, he may turn on you and you may decide you want nothing more to do with him. So think carefully about being tied to him with a jointly owned property.

Phoenix1Arisen · 08/08/2025 12:47

I believe this is classic 'can't afford not to have a solicitor' territory...

slightlydistrac · 08/08/2025 15:24

@HiPassingthrough I'm glad you have decided to pass this on to a solicitor. It seems to me that the bit she forgot to do was to say who was actually inheriting her estate on her death. From what you say, she hasn't actually named any beneficiaries of her estate. It doesn't appear to be an actual will, so unless she already had a prior will, when this additional instruction could be construed as a codicil, it could be that she has actually died intestate after all. A solicitor can sort it all out for you.

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