Will, What if person inherits inst fit to look after themselves or home

[BogCat18]

father has left a will, in it it says, older brother gets, something [not worth anything at all] the other brother gets home and a vast amount of money, hes not fit to look after himslef never mind family home.

[des8]

Why and in what manner is the beneficiary unable to look after himself?

Is the older brother aggrieved and feels he should have received more?
If so has he considered making a claim under the Inheritance( Provision for family and dependants) act 1975 ?

Is there any reason to dispute the validity of the will?

Are there any terms in the will which actually put the property into trust for the benefit of the son, rather than passing it to him directly?

[BogCat18]

sorry, i havnt explained everything very well, just so busy and other things taking up my time.everything is moving quickly.
I dont want to say to much as this site is seen by others. Eldery father, hospital 7 weeks, stroke, now in care home. not fully mobile. younger brother in 40s. cant really look after home or himslef, always lived with mum and dad. mum passed, so just dad. Older brother, doesnt care about not getting anything, just worried about dad, brother and house, if things go bad, younger certainly couldnt cope. never worked since 16. Older, just wants to protect fathers home and money he spent all his life working for.I have spent many hrs last night, trying to piece together understanding, if I lay it out in next post would you be able to take a look and see if Im on right lines, or msg me. thanks

[BogCat18]

1- I HEREBY REVOKE - [all self explanitary]
2- I APPOINT my wife XXXXXX and my son XXXXXX of XXXXXX and my son XXXXXX of XXXXXX to be both Executors and Trustees of this my wil .....etc. [I take this to mean, named persons to act as Executor on trustees of the will, but wife mainly.(passed some time now) so guess just sons]

3- I GIVE the following specific legacies;
i - to and my my son XXXXXX any xxxxxx I own and my xxxxxx only if my wife has predeceased me.
i i]- to my son XXXXXX my jewlery only if my wife has predeacesd me.
[I take it to mean specific small items excludes property or money.]

4 - I GIVE to my son XXXXXX such of my personal chattels as defined by sec 55 (x) of the Admin of Estates Act of 1925............etc. of ONLY if my wife has predeacesd me.
[I understand this to be, all non moveable property excluded the home and moneys in Bank.]

5- I GIVE DEVISE AND BEQUEATH all my real and personal estate of whatsoever nature and wheresoever situaute(including any property over which I mah have general power of appointment or disposition by Will) to my Trustees........etc
[Im understanding this to be, the home and the moneys, as well as anything else, this will be then sorted by the Trustees as named in Sec 2.]

6 - MY TRUSTEES shall hold the net proceeds of such sale calling in and conversion together with my ready money and any property for the time being remaining unconverted upon the following trusts;
i] Upon trust to pay therout all my just debts legacies and funeral testemency expenes ...etc [I understand that any debts bills of lawyers etc funeral cost to come from money in estate]
ii] Upon trust absalutely for my wife XXXXXX if she shall survive me for the period of30 clear days etc....
iii] Upon trust absalutely for my son XXXXXX
[I take part ii] and ii] to mean wife to, take over if she outlived husband and younger son, if outlived the wife]

7 - I DECLARE that any Trustees hereof shall have the power to employ a solicitor ....etc
[This is, that if you have to legal help then estate pays for it]

8 - WITHOUT INTENDING to derogate from the statutory powers of miantenance and advancement conferred by sections 31 and 32 of the Trustee Act 1925............etc [I think this relates to minors or children]

9 - WHENEVER MYTRUSTEES shall determine herein to apply any income or capital for the maintanance support or benefit ..........etc [Again I think this relates to minors or children]

10 - I DECLARE that any money liable to be or required to be invested under this my will....etc [This I think refers to the trustee if they are selling property or have money to invest it to gain interst accrued, but if it loses then Trustee is not to blame]

11 - I DECLARE that my Trustees may excercise the power of appropriation confered by Section 41 ...etc [I think is that the Trustees can use there judgement as to who or where gets the property.real or otherwise, of estate without consent from other people]

12 - I DECLARE that all income acruing wholly or partly before the date but recieved after the date when a benneficionary under my Will shall atain a cested interest ...etc [I think this relates to total moneys property that was due to to bgiven would be in its entrieety and not fragmented - Im not to sure on this one]

13 - I DECLARE - that my Trustees shall have power to insure against loss or damage ....etc [This is to make sure insurances are paid for property and it comes from the estate]

14 - NOTWITHSTANDING - the provisions of section 11 of the Trusts of Land Act ...etc [ I take this to mean that Trustees do not need to consultate with beneficiaries about how Estate is to be sorted under terms of will.

15 - EVERY person who would otherwise benefit under this my will who fails to survive me for 30 days...etc [I think this is a run down of people named in will who may die, down to the next and so on. Note sure on this, if this the case if you run out who gets everything?]

16 - I DESIRE that my body...etc [Wishes of the deceased in how they want to be burried,cremated and what to do afterwards]

Dates, Signatures etc to end,

Blimey this is a lot, could someone know if what I think is correct in relation to above.
Q - Do both sons gain the real property and moneys, as well as non property stuff otherwise stated in above will, If so Is this 50 - 50 , what if home is forced sale? can this be done if the younger dependant brother lived in it with father.

Many thanks

[des8]

1- I HEREBY REVOKE - [all self explanitary]
2- I APPOINT my wife XXXXXX and my son XXXXXX of XXXXXX and my son XXXXXX of XXXXXX to be both Executors and Trustees of this my wil .....etc. [I take this to mean, named persons to act as Executor on trustees of the will, but wife mainly.(passed some time now) so guess just sons] Yes ..the two sons are both executors and trustees. Is your brother capable of acting?

3- I GIVE the following specific legacies;
i - to and my my son XXXXXX any xxxxxx I own and my xxxxxx only if my wife has predeceased me.
i i]- to my son XXXXXX my jewlery only if my wife has predeacesd me.
[I take it to mean specific small items excludes property or money.] Probably, but for i) it is XXXXX for ii) jewellery!

4 - I GIVE to my son XXXXXX such of my personal chattels as defined by sec 55 (x) of the Admin of Estates Act of 1925............etc. of ONLY if my wife has predeacesd me.
[I understand this to be, all non moveable property excluded the home and moneys in Bank.] basically yes

5- I GIVE DEVISE AND BEQUEATH all my real and personal estate of whatsoever nature and wheresoever situaute(including any property over which I mah have general power of appointment or disposition by Will) to my Trustees........etc
[Im understanding this to be, the home and the moneys, as well as anything else, this will be then sorted by the Trustees as named in Sec 2.] Yes

6 - MY TRUSTEES shall hold the net proceeds of such sale calling in and conversion together with my ready money and any property for the time being remaining unconverted upon the following trusts;
i] Upon trust to pay therout all my just debts legacies and funeral testemency expenes ...etc [I understand that any debts bills of lawyers etc funeral cost to come from money in estate] Yes
ii] Upon trust absalutely for my wife XXXXXX if she shall survive me for the period of30 clear days etc....
iii] Upon trust absalutely for my son XXXXXX
[I take part ii] and ii] to mean wife to, take over if she outlived husband and younger son, if outlived the wife]
Yes, as wife already passed it is left in trust for younger son

7 - I DECLARE that any Trustees hereof shall have the power to employ a solicitor ....etc
[This is, that if you have to legal help then estate pays for it] Yes

8 - WITHOUT INTENDING to derogate from the statutory powers of miantenance and advancement conferred by sections 31 and 32 of the Trustee Act 1925............etc [I think this relates to minors or children]
section 31 gives trustees powers and duties in relation to trust income.
Section 32 contains the trustees’ power to use the capital of the trust fund to which a beneficiary is contingently entitled, for the beneficiary’s advancement or benefit (not just for child beneficiaries

9 - WHENEVER MYTRUSTEES shall determine herein to apply any income or capital for the maintanance support or benefit ..........etc [Again I think this relates to )minors or children]
What you have posted doesn't specify children

10 - I DECLARE that any money liable to be or required to be invested under this my will....etc [This I think refers to the trustee if they are selling property or have money to invest it to gain interst accrued, but if it loses then Trustee is not to blame] Yes

11 - I DECLARE that my Trustees may excercise the power of appropriation confered by Section 41 ...etc [I think is that the Trustees can use there judgement as to who or where gets the property.real or otherwise, of estate without consent from other people] assuming you are referencing Sec 41 of the Administration of Estates Act.,sort of right, but not if it prejudices any specific legacy

12 - I DECLARE that all income acruing wholly or partly before the date but recieved after the date when a benneficionary under my Will shall atain a cested interest ...etc [I think this relates to total moneys property that was due to to bgiven would be in its entrieety and not fragmented - Im not to sure on this one] Nor am I as only partial clause posted

13 - I DECLARE - that my Trustees shall have power to insure against loss or damage ....etc [This is to make sure insurances are paid for property and it comes from the estate] Yes

14 - NOTWITHSTANDING - the provisions of section 11 of the Trusts of Land Act ...etc [ I take this to mean that Trustees do not need to consultate with beneficiaries about how Estate is to be sorted under terms of will.
that section deals with the trustees dealing with the land don't confuse your duties as executor and trustee

15 - EVERY person who would otherwise benefit under this my will who fails to survive me for 30 days...etc [I think this is a run down of people named in will who may die, down to the next and so on. Note sure on this, if this the case if you run out who gets everything?]
If no named beneficiaries survive the estate is dealt with under the rules of intestacy

16 - I DESIRE that my body...etc [Wishes of the deceased in how they want to be burried,cremated and what to do afterwards]
Funnily enough the testator's wishes regarding funeral etc can be ignored by executors!

Dates, Signatures etc to end,

Blimey this is a lot, could someone know if what I think is correct in relation to above.
Q - Do both sons gain the real property and moneys, as well as non property stuff otherwise stated in above will, If so Is this 50 - 50 , what if home is forced sale? can this be done if the younger dependant brother lived in it with father.

Many thanks

comments in red.
Re your last question it seems from para 6 that the house is left in trust to son XXXXX (the younger I believe)

Perhaps you should have a one off consultation with a solicitor to check on your duties

[BogCat18]

OK I know its a lot, I`m overwhelmed with stuff at moment. Thanking you for reply.
Refer,
sec 2- Brother is not capable, cant even look after himself, never mind the family home? Never worked since 16, always lived with mum and dad

sec 5 - so as the two sons are acting as Trustees and beneficiaries
n this section, is it a case then that the younger son, gets home and all moneys in bank and held. The older son gets nothing. so as Trustees and beneficiaries it isn`t shared jointly. or do both sons get the property and monies shared.

sec 6, I think this is what your saying here. younger son gets property and all monies, older son gets nothing

sec 8 no minors or children involved, however if younger brother [in 40s] can not look after self more like a child mind not adult, would the older brother then have to manage the property and moneys, home needs repair and sorting, bills insurances need sorting

sec9 - - Reads as; WHENEVER MY TRUSTEES shall determine herein to apply any income or capital for the maintenance support or benefit of any minor they may themselves apply that income or capital or pay the same to the parent or guardian of such minor without seeing the application thereof and without regard to the means of such parent or guadian or to the amount of any other income of such minor.

Sec 14 - ok as Trustee or Trustees as well as executor, the land which I assume is home, this would basically be, older brother handing over the home and moneys to the younger, rather than thinking about it and don`t need to consultate It has to be handed over.

Sec 15 basically, need to ensure someone in family or friend or even a budgie [not literally the latter] if it all runs out the government gets it all.

sec 16. Oh, what`s the point in saying what you want, if the Trustees goes against it all anyway. if someone says they don`t want people there they never liked, isn`t it wrong for a Trustee to accept them or ask them.

so last comment of yours refer again Sec 6, younger brother gets the house and all the money, even though he isn`t adult enough to look after or manage it.

Ok in conclusion. I think, it comes down to this, older son, just spouts off the wishes, gets nothing, but has to act as a trustee of the moneys and home, for the younger one but cant gain or toutch any of the moneys or home. No idea what on earth dad was thinking off. The home would fall all apart, the bills would go into red etc. probably lose the home.Im sure mum wouldnt have wanted this.

any notes or observations on this please

[Manxman]

Sorry, but you keep saying the younger brother "is not fit to look after himself let alone the family home", but what exactly do you mean by this?

Is he just a bit naiive and unworldly, or does he have learning difficulties, is he institutionalised, does he require a carer, does anyone have power of attorney over his affairs? Is there something medically wrong with him, or is it just your opinion that's he's "not fit" because he's never worked and always lived at home?

I'm not quite sure what you are asking and why.

[BogCat18]

he is a 42 year old man, with a mentality of a child, No understanding of self hygene as such, certainly no understanding of everday bills , money house. No not institutionalised always lived with mum and dad till mum passed, they had him when they were older. Hasnt much of the way of learning as such. he has let the home become very messy, unclean, people are trying to help him clean it as I cant. He thinks he can look after dad when and if he comes out of home, but social services will have to assess, everything first and that means home and younger brother. Already several members of the Health and Social Care team have now said they need to speak to me as they have concerns about him not understanding or realising things. I guess I will have to wait when they do the home visit and asses him?

[des8]

If your father still has capacity, if even only sporadically (you don't say why he is in a home) would it not be possible to have him rewrite his will (professionally) so your brother's needs would be better catered for?

[BogCat18]

Hy DES8, to late for that now Im afraid. Several weeks hospital, due to stroke,, discharged into care home now for up to 6 weeks, confused, delerious doesnt even know who we are. not mobile with help of 2 staff. Waiting for appointed community social care worker, waiting for assessments. Hoping he can go home with support. Problem if Assessor report says the home isnt suitible, needs repair or other things, brother isnt suitible to look after then he will stay in home until such time as he can be discharged. However at est. £1000 a week it will eat into moneys and even may be the home? wont have to worry about will then. Bills etc need to be sorted he hasnt collected pension for weeks, Govt are closing Post Office Accounts this year so he hasnt even done this yet. Just recieved letter from Council explaining about savings, costs, 6 week free etc so no idea what to do a strying to cope with own life and family issues.

[Manxman]

OK. Sorry to hear all that. Difficult situation for you

[des8]

Regarding the will if you have an LPA for your father (or are appointed deputy by the court) you could possibly make a submission to the Court of Protection to have a Statutory Will drawn up and approved.

This would enable the will to be rewritten so your brother is better protected.

I would suggest you seek professional advice first (perhaps a single fixed fee consultation to see if it is an option)

Regarding possible care home fees, if your brother is living in the house it is more likely that the council would register a charge rather than actually force a sale and make your brother homeless.

[BogCat18]

not sure what a charge is? or LPA, I thought the will had protected younger bro. he get house and all moneys if dad departs, but if not after 6 weeks or some weeks after. the money will be gone anyway. However, if they assess dad, that the home needs extensive change repairs etc. sey 15,000 and we paid it? is that classesed as acceptable, also it reduces tot amount. after all if they say dad cant go home cos of changes then whatother option

[des8]

LPA = lasting power of attorney
charge on a property = order securing a debt against a property

You are concerned that if your brother inherits the estate he is not capable of administering it and it will be squandered to his detriment.
If you can have a statutory will written it could ensure the estate is placed in a trust for his benefit and administered properly

[BogCat18]

Yes, thank you. Only concern is care fees taking it all.