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My sibling thinks I owe her more from my father's estate.

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  • My sibling thinks I owe her more from my father's estate.

    About 20 years ago my family moved to a new house, I had already left home at the time. We sold the old property and my father used the proceeds as the down payment on the new property. I secured the mortgage and we own the current house equally with both our names on the property deed. My father recently passed away but unfortunately did not leave a will however before passing he told me his wishes and also managed to write them out. One of our oldest family friends was there and has attested as a witness. He wanted the value of the old property and his bank assets to be divided amongst his children, which I have carried out. I do not plan to sell the house because I moved back to look after my dad and have lived in the house for several years. One of my siblings has not signed off on the agreement and she wants proof that my name was on the deed which I have provided. Even if the current house was split three ways I would still own 66% of it regardless of the fact that I own the house now my dad has passed. I have also been the only one that has maintained the property over the years and in fact my sister left the house a year after we bought it. I'm confident in my standing and so are my solicitor and accountant who drew up the agreement. When we shared my father's wishes our friend who was there at the time of his death also swore that those were his wishes.

    Does my sister have any claim here to either the property or for a third of the current value of the property? Any advice would be appreciated!

    Many thanks!
    Tags: None

  • #2
    Hi SARDONUMPSA

    I can't answer directly, but here's some info:

    https://www.thegazette.co.uk/wills-a...content/100346

    https://www.thegazette.co.uk/wills-a...content/100023

    Comment


    • #3

      Condolences on your recent loss.

      Your solicitor is correct in that the chances of your sister being successful in any claim are remote.

      only one question is that you owned the house equally with your father : was this as joint tenants or tenants in common?

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      • #4
        The deed is tenants in common. Thank you.

        Comment


        • #5
          Originally posted by echat11 View Post
          Thank you

          Comment


          • #6
            So the most she could claim (if there are three siblings) is one third of half the value of the house (but even that might be reduced by the maintenance costs you have met) which was your father's portion.
            I was hoping you might have been joint tenants!

            Comment


            • #7
              Thanks.

              Comment

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