Will Advice

cookiemonster99

Free Member
Nov 16, 2012
89
7
Hi Everyone,

Brief backstory - I am one of three children from a (what i thought was) a loving family. In 1998 my parents retired and we moved to Cornwall when I was 16.

My brother and sister are both 10 years older than me.

Last year we lost our mother to complications after covid and lung cancer. It came about in conversation some months later about the Will for which my brother and myself had never asked about as it was assumed that anything my parents had left after passing would have been split equally three ways.

Turns out this is not the case and my parents both agreed to leave everything to our sister, thats property, cars and more annoyingly sentimental posessions.

To make things clear my brother and I are both reasonably successful and certainly in the case of our parents we always said that we rather they enjoy themselves and spend every penny of their worth before they passed. However if there was three pence left it is split equally between the three children.

When they bought the house they live in - it has transpired that although they had a joint bank account all their life My mum apparently paid for her half of the property purchase and Dad paid for his?? Upon mum's passing our dad said that our sister has already inherited half of Mums half and he the other half??

Confused? yes so were we?

Our sister then got very defensive and it turned into a brief argument during which we both walked out as it turned into a mess.

I am no expert with this and have never had to deal with anything like this before - Since then (8 months ago) neither have been in touch, not even for my sons first christmas or birthday.

So our sister is set to inherit the house, cars, and more annoyingly the contents of Dads workshop with a lot of sentimental stuff more importantly.

Yes - our father is still alive and I'm talking as if he is not but I would like to try and resolve anything if possible whilst he is still here.

What can we do if anything?
 
Well the simple answer would be to speak some legal advice. Situations like this can if not dealt with sensibly will rip your family apart. So at the moment your sister has inherited your mums share of the house, I assume from the details dad has the other, he could leave that to ever he wants along with any of his other property. You mention cars etc who owned them?

I have certainly seen situations like this blow up and cause massive splits within families, you say you were not worried about money so why worry, wish your sister well BUT sit down and talk and explain how you feel about some of the sentimental items you would like to have as a keepsake.

Personally I think perhaps your dads happiness (mental state) should be to the forefront of everyones mind
 
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Unless your parents have been supporting you financially there is absolutely nothing you can do.
 
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This probably belongs on a family legal forum rather than a business legal forum however there is still the risk that the financial winner will be lawyers.

There are few things more depressing in life than families falling out over inheritance (at a local level - far more depressing things at a global level).

My opinion. Let your sister know that you think a split would be more equitable. And get on with your life.

EDIT - if there are specific possessions of sentimental value to you, stress how much you would appreciate having them
 
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FWIW, all I would advise is to talk to your father and ask if leaving everything to your sister is his true wish. If he confirms this, move on with your life.

A good friend of mine thirty years ago was upset his father had got over his mothers death, and was freely spending his inheritance having a great time. His father basically turned into the oldest swinger in town.

I pointed out the money was his fathers to do with as he wished, and any inheritance was at his discretion as well. He couldn’t move on, and their relationship is wrecked, and his father is now definitely the oldest swinger in our town. He would make Tom Jones look like a monk, good on him, enjoy it while you can.
 
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If it seems odd or even suspicious that your mother has left everything to your sister and your father cannot explain why then the OP might want to see the Will and understand the circumstances of how it came about.

As others have said the courts are full of claims regarding Wills which have torn families apart and "where there's a Will there's a relative" has always been the case.
 
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As the OP and his brother were not financially dependant on their mother the only likely grounds of challenge would lie in whether they can show she was not of sound mind, came under undue pressure to make the Will, or that the Will was not correctly drawn up , signed and witnessed.
 
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One key question that has not been asked is how was the property purchase registered. Were they joint tenants or tenants in common. If joint tenants then the will is meaningless. The property passes in full to your dad. He can then write his own will and do whatever he wants.
 
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It's not clear what has actually happened, so I'd recommend that you firstly obtain a copy of your mother's Will from the Probate Service. It would also be sensible to obtain a copy of the title register for your dad's house from the Land Registry, so that you can see whose name it's registered in.

As fa as your father is concerned he is free to leave his estate as he wants. Unlike many legal systems (including that in Scotland) English law allows `testamentary freedom', and does not mandate that any part of an estate must be left to family members.

There is provision for relatives to make a claim against the estate, but generally this only applies if the relative was in some way financially dependent on the deceased, or it was totally unreasonable for them to have been excluded. If, as you say, you're quite comfortable in financial terms then it's very unlikely you would have a case.

As others have said you could try to talk to your father, who can probably change his Will (not if it's a `mutual Will') but there's no guarantee he would do so.

Incidentally, although there's an option for posting links, when I tried to do so for the Probate Service and the Land Registry I got a message saying posting links wasn't allowed - can anyone assist?
 
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