Issue over inheritance

[poppynurse]

Hi all, my mother died recently and left her house to my brother and I. He lives in the house.

The estate is awaiting probate but the will was not specific regarding the house - it said that the house was to be left to both of us but my brother could live in it.

Now probate are questioning whether mum had capacity but I am concerned about how we resolve the inheritance issue.

I would like him to buy me out but he says he will not, nor will he sell or allow me to move in so I can rent my property out. He wants to live there for nothing.

We are both executors.

I don't want to fall out with him but do need the capital.

Any ideas?

[goodatresearch]

If the Will states he can live in the house, just because it was left to both of you doesn't mean that you can force a

It depends on the actual wording of the Will. Why is probate questioning capacity?

[goodatresearch]

For example, my sister and I have been left a house but the Will states that another family member can live in the house but is responsible for maintenance/bills etc. We will only receive our inheritance when this family dies or moves out.

[poppynurse]

Probate want to interview the witnesses, perhaps because the will was written in hospital not long before mum died. The witnesses were hospital staff and there was no attestation clause. Mum had a brain tumour and raised intracranial pressure and was on high dose steroids at the time.

 

There is no mention of who is responsible for maintenance etc, no time frames, no trust set up or anything. And mum had told me that I would be getting half the house. I currently pay a large mortgage and am struggling.

[goodatresearch]

I see. In my example, the Will was professionally drawn up and in trust. The problem is that as the issue of capacity has been raised this could drag on for a long time. Plus if your brother has been living in the house for a number of years he could argue that he's entitled to more than half as he's paid for maintenance etc during that time.

[poppynurse]

This was an amateur will unfortunately. My brother has lived there for years....never left home, but has not paid for maintenance etc, just weekly board. He has been spoilt really, never had to live in the real world and pay his way, now he seems to think he is entitled to free lodgings indefinitely and is grumbling about having to pay the bills!

[goodatresearch]

Unfortunately amateur Wills can he valid. Look at this way, you argue you were promised half the house, he argues he was promised half the house and will be allowed to live in the house as long as he wanted. As he has always lived there his argument is plausable. Plus if he continues to live there and you try to argue your entitled to rent for you half, he could argue that he wants you to pay for half the maintenance and council tax. You have also to factor in solicitors fees to deal with the dispute.

[poppynurse]

Blooming nightmare! Not sure of the best way forward?

[goodatresearch]

When you say probate is questioning capacity, who to you mean? The solicitors acting on your behalf?

[poppynurse]

We have not instructed solicitors, as executor I have applied for probate, no inheritence tax due so should have been fairly straightforward. However they have written back asking for contact details of the witnesses as they want to interview them.

[goodatresearch]

I'd refer them to your mums hospital consultant, he/she should be able to confirm capacity. If the Will is deemed valid and he wont move, you may have no choice but to instruct a solicitor. If the Will is not valid and their isn't an earlier Will you could have the same problem if he argues he contributed to the house over the years and again you will nerd a solicitor.

[goodatresearch]

Why don't you look for a probate solicitor who advertises an initial free consultation with no obligation to instruct them

[poppynurse]

I have suggested probate contact the hospital. I have checked, the earlier document is not a will just a letter and not witnessed. So it will come down to the validity of this will and interpretation of the wording :/ I can't really afford a solicitor and have successfully been to small claims/county court on a number of matters over the years so was hoping I could do it myself should it prove necessary. But my brother is adamant that he will not move/buy me out/ pay me rent on 50% or let me move in....

[goodatresearch]

It still could be considered to be valid and contesting a Will is not easy, after all it was your mums property and it was her right to expect her wishes to be followed. Probate are only questioning capacity, not that this letter is not a Will. This is not something small claims court would deal with. Probate is a very specialist area you would need a solicitor. Don't forget if you lost you would have to pay all the other sides costs which would be high. I strongly suggest you get a free consultation, explain the situation and show them the letter.

[steampowered]

Have a look at http://www.adviceguide.org.uk/england/relationships_e/relationships_death_and_wills_e/wills.htm#h_requirements_for_a_valid_will.

 

If the will meets these requirements and is valid, then the question becomes interpreting what it means. It sounds like the document is quite clear that he is allowed to live in the property, so I don 't think you'd be able to force a sale. I don't see why you wouldn't be able to live there though.

 

I agree that for something like this it is worth a short consultation with a solicitor. The amount in dispute is presumably above 10k so this would not be treated as a small claim.

 

If you have an urgent need for capital, perhaps you could use an equity release product? These can have fairly high interest rates but might unlock some of the equity.

[goodatresearch]

I agree. If valid and it doesn't exclude you living in it, I can't see that he can stop you as your name will be registered along with your brother as owners. For equity release you would probably need your brothers permission and I doubt he would agree. Go get a free consultation.

[poppynurse]

I guess I will have to get some legal advice then :/