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Wills

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  • Wills

    I a new to this forum but here goes.

    my mother died recently leaving a will that named my sister and I as beneficiaries under her residual estate..

    my youngest sister who resided with my mother was left the house and contents. my mother had full mental capacity and the will was drawn up in 2007 and she was 96 when she died.

    my youngest sister told my husband and myself that she has told our mum that if she didnít make a will my brother (who was estranged from the family) would get the house (unlikely as he is a Solicitor in his own right).

    furthermore she had all our mumís finances transferred into their joint names (she told her it was something to do with her pension)
    we asked for a copy of the will and it was at that point my youngest sister who is both Executor and Trustee became quite unpleasant and distant.
    We donít feel Probate is necessary as it all seems to have been taken care of.

    when mum was very ill and needed to go into hospital she said in front of paramedics that my youngest sister wanted her gone and that if she went into hospital she needed pens.

    This is proving to be very stressful and we donít know what do to next,
    prior to mums death my youngest sister went on a spending spree on home improvements!!

    What will stop her now from disposing of what is left of any residue?
    Sorry this is a long post


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  • #2
    As there is a property involved then Probate will be necessary and therefore you will be able to get access to the will.

    Comment


    • #3
      Hi,
      i have a copy of the Will but because my sister transferred all mums money into a joint account and left her the property in its entirety and free of any mortgage we didnít think Probate would be necessary

      Comment


      • #4
        If the property was still in your Mum's name when she died the probate would be required, even if the house is transferred to the daughter in the will.

        If she was transferring money from your mum's personal accounts into a joint then I would query this. And ask for the accounts as you are a residual beneficiary.

        Comment


        • #5
          Hi,
          thankyou for your reply.
          the house was put in joint names I believe in 2007 so I guess the survivorship element will come into force.
          there was never a mortgage on the house.
          my other sister and I do not want to have a share in the house ( even though we would certainly do that) if roles were reversed but feel mum never wanted those home improvements when she was dying and my sister was merely using mums money.
          she had a very sizeable redundancy payout about a year ago but didnít want mum to know..she was subsequently re employed by the same company.
          sorry to droan on but as you suggest if we ask to see accounts that will certainly sever the relationship but at present she is uncommunicative and we feel she will continue to spend as we feel helpless

          Comment


          • #6
            Originally posted by Pat33 View Post
            Hi,
            thankyou for your reply.
            the house was put in joint names I believe in 2007 so I guess the survivorship element will come into force.
            there was never a mortgage on the house.
            my other sister and I do not want to have a share in the house ( even though we would certainly do that) if roles were reversed but feel mum never wanted those home improvements when she was dying and my sister was merely using mums money.
            she had a very sizeable redundancy payout about a year ago but didnít want mum to know..she was subsequently re employed by the same company.
            sorry to droan on but as you suggest if we ask to see accounts that will certainly sever the relationship but at present she is uncommunicative and we feel she will continue to spend as we feel helpless
            Pat,

            If you post your query on the moneysaving expert probate forum you will get some very good advice,here is the link:

            https://forums.moneysavingexpert.com...play.php?f=217

            There are some really knowledgeable people on there.

            Good luck

            Comment


            • #7
              Thanks for all the advice

              Comment

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