Property question regarding will

[Null]

Hi I wonder if anyone can offer some clarity on my question, that now has paragraphs.


My Mother is terminally ill and my sister and I were due to inherit the family home together according to Mum over the years.

Mum lately has been getting stressed about the thought of her home being sold to strangers after her death or her things being moved and so has been to see the solicitor, made my sister executer and told me that she has decided to put the family home in my sisters name only, but with a provision that my sister buys me out as soon as she is able. I don't want to live in the family home or be surrounded by Mums stuff.

I don't mind my Sister moving into the family home as it is what she has always said she wanted to do and Mum seemed happy to know that her home would never be sold or have strangers living in it. Although sister has mentioned privately to me she might sell it at some stage, I have not told Mum as it would upset her and my Sister would not appreciate me doing that.

But what I am a bit concerned about is the possibility that my sister might decide she is never able to buy me out and I'm wondering how a buy out could ever be enforced if Mum has put the house only in my sisters name. I asked Mum if there was any time limit on the buy out and she didn't want to discuss it, just said 'when she's able, don't worry its in the will that you will get your share.'

I rent at the moment and half the worth of the family home would help me to finally become a home owner myself in the future, I'm not in any huge rush but would like to think I might have the means to do this at some stage after probate takes place. Neither my sister or Mum will let me see the will, so I am starting to feel that I may actually be being disinherited by stealth for not wanting to live in the house and saying so openly and honestly.

Is this possible and if so what is the worst case scenario for me given my Sister is going to be the sole owner and occupier of our old family home. Thank you.

[2222]

I am sorry to hear of your mother's illness.

You have three possibilities for disputing the will after her death:

a) Your mother is no longer of sound mind and incapable of making a will.

b) Your sister has brought undue influence to bear on your mother in order to get her to change her will. You would have to have some positive proof of that.

c) You are dependent on your mother for support, for example because you live in the house, and she needs to make arrangements for you after her death.

It doesn't sound like any of those apply, from your post above, though.

a) and b) would be particularly hard to prove with a solicitor involved.

I suggest you lobby your mother for a fairer will. The idea that she is so worried about the house that she's effectively prepared to disinherit one daughter seems entirely wrong to me. She could very easily make a codicil requiring your sister to pay you half the normal rent until the sister buys you out. This would go some way towards balancing things up and giving your sister an incentive to get on with it. Maybe also a long-stop date of 5 or 10 years to pay you out your half-share would be fair.

[Null]

Hi thank you for your reply. I really don't want to dispute the will because it will create so much drama and ill will between myself and my Sister, we share a lot of childhood friends as adults and all still live nearby each other. If I end up with nothing I will have to suck it up and get on with life.

Mum has always been terrified of her things being taken from the house or it going 'to strangers who she doesn't like'. To be honest being told bluntly and openly that I am disinherited would be easier than the current situation that seems so 'grey' in terms of outcome for me. Not knowing, is worse than knowing the worst.

Mum is adamant that it is in her will that my Sister has to buy me out and that I will get my share of the value in the property, but she won't say how that is enforceable, or if it ever will be enforceable if my sister just decides not to do so and has the house placed solely in her name, which Mum says IS happening to prevent sale of the house.

I can't see how my Sister can ever be forced to buy me out if she is technically the owner and occupier. Mum says all this was drawn up by the solicitor last week and that I will definitely receive my share, I just can't see how that can happen legally without me being on the deeds with my Sister.

[2222]

As I said, your sister needs a financial incentive to pay you out sooner rather than later. If she has to pay you a fair rent on your half, that provides such an incentive without bankrupting your sister, hopefully. You could reasonably ask your mother about incorporating that into the will by way of a codicil (an amendment).

[Null]

The long stop date was what occurred to me as a good safeguard and I said to Mum 'have you put a time limit on how long my Sister has to buy me out? But she wouldn't answer and just said she didn't want to discuss it. It is with a sinking heart I think I am going to have to face up to the fact that I have effectively just been disinherited by default, the wills terms meaning I cannot receive any of the estate unless my Sister chooses to offer it to me. Which I don't think she will unless there is legality that forces her to do so, which there does not seem to be. Thank you very much for taking the time to reply, it's actually good to get clarity on the worst case scenario being likely rather than live in uncertainty and false hope. It means I know where I stand with Mum's estate and can just deal with her passing as a thing in it's own right.

[Null]

Mum said there was no point in me receiving rent because I am on a means tested disability benefit that will effectively be cancelled by any rent I receive and Mum thinks it is better for my Sister to keep the money. I was planning to buy a very small flat outright with my share of the money and work part time which I am able to do with my disability and this would have given me the means to forgo the need for disability benefit entirely and be self sufficient and financially independent. But thanks again for your legal advice. Really helpful to me and very quick.

[Peridot]

Hi Null,
I think you may be running before you walk so to speak. Apologies, I'm not brilliant with the analogies. Am I correct in assuming you have not actually seen the Will so do not know the actual content? It may be that the solicitor suggested your mother take a particular route to protect your benefits entitlement. There may be a discretionary trust or other vehicle in the Will that deals with the situation appropriately. I wouldn't be so down hearted when you don't actually know what the Will stipulates.

Can you talk to your sister and is she actually aware of the Will content or would she be speculating on what your mother has said? You are trying to second guess the Will content and may be completely incorrect.

It is unusual for a property to be signed over particularly if there is a risk the person making the Will may need to go into a home or require local authority funding for care in their own home. Would she have sufficient funds to pay for this herself. If not, and it became necessary for an application to be made for local authority assistance with funding, they could look behind this arrangement and claim that there has been an intentional deprivation of assets and overturn the transfer.

I don't wish to frighten or concern you further but am trying to demonstrate the complications that can arise and which would usually be discussed with clients who wish to make a new Will. I suspect you will have to just wait and see what happens when the time comes, unless you are able to discuss this sensibly with your mother and/or sister, which may not be possible.

There is little point worrying about things you cannot change but maybe with time everyone will be able to discuss this openly. Maybe they all need to take some time. Pushing the issue may not assist and could make everyone more reluctant to discuss the issues you are concerned about, but which may not happen.