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Stolen Will and Reneged Agreements
Hello,
Long story but will try to keep this short.
I think I failed
My mother passed away a few years a go and 1 year prior, wrote a will and gave to her sibling to execute.
In short, this will gave me the home which I lived in with my mother, and my sibling and offspring some monies (sibling lived in the property for less than 1 year over 30 years ago)
The primary reason for this was so that I was not forced out of my home (sibling has a secure home situation)
After my mothers passing it became known to me that the will was not witnessed (despite my mums sibling taking the will from my mum)
My mums sibling did not witness the will, she just took it from my mum and let her believe her wishes would be fulfilled.
Since then, I have had two agreements fall down with my sibling, plus one dismissed offer.
1: I would have the house, my sibling would have all the monies (this was taking some funds that my mum wished me to have as a head start managing the property but ultimately I agreed as it wasn't huge in the grand scheme of things) I was also happy to draw a trust which ensured my sibling (or offspring) received at least 50% of any property I owned in my will (with the likelihood they would get it all)
This agreement failed when I queried when my sibling started to state the house was in 'our names' rather than just mine (sole reason for house in my name was to prevent legal challenges and this is why the mum left me the house on the basis she knew I was leaving my will to nieces and nephews)
* Mother also wanted it so I could sell and buy another property as wasn't limited by 3rd parties (siblings and offspring's)
* Secondary reason for house in my name is one nephew has legal issues and any property he is linked to is at risk of police raids (which id rather not have to deal with as someone who's never done anything wrong)
2: Second agreement was similar to the above after that broke down, this time the trust would be drawn so that if I ever sold the house, they would receive 50% of the house value based on a valuation done at the time of that agreement. Again, my sibling would have had all the monies at this point which equaled apr 20% of the house value. I agreed and the agreement fell down when my sibling did not agree with the amount the house was valued at. The valuation was carried out by a RICS Chartered Surveyor. * House was valued <£200k
After this my sibling initiated legal proceeding to force the sale of the property based intestate (despite my mothers will being given to her sibling)
* I am the only person defending my mothers will, my mothers sibling has sided with my sibling and I read this as clear evidence my mothers will was taken from her in bad faith.
3: During the first round of legal proceedings I made my sibling an offer to pay the 50% value of the property over a period of 10 years on a monthly (this would have financially been very difficult as only have a salary and I would have had likely to get a second job to survive) this was dismissed and the only solution my sibling and their solicitor has offered is the forced sale and monies spilt.
* Unfortunately I have poor credit and this means I cant get a mortgage to settle this that way (even though I despise that my mothers wishes are being ignored / stolen)
** My poor credit could also potentially limit my ability to rent if I was forced out.
The first legal case was dismissed (albeit it seems on a technicality of them using the wrong law)
I am now in the process of defending my mothers will and my home a 2nd time (defending myself as I cant afford legal costs and any avenue I turn to for help doesn't seem to be able to assist based on the complexity)
I don't know where to turn so any help would be very much appreciated.
If I am made homeless and hit with fees its likely it will impact my location, which in turn could impact my occupation
Its likely I will not be able to afford anywhere to live or be approved as a renter (bad credit so only solution to me is to buy something outright but this may not be realistic)
Apologies for the waffle and thank you in advance for any assistance anyone may be able to offer.
P
Long story but will try to keep this short.
I think I failed
My mother passed away a few years a go and 1 year prior, wrote a will and gave to her sibling to execute.
In short, this will gave me the home which I lived in with my mother, and my sibling and offspring some monies (sibling lived in the property for less than 1 year over 30 years ago)
The primary reason for this was so that I was not forced out of my home (sibling has a secure home situation)
After my mothers passing it became known to me that the will was not witnessed (despite my mums sibling taking the will from my mum)
My mums sibling did not witness the will, she just took it from my mum and let her believe her wishes would be fulfilled.
Since then, I have had two agreements fall down with my sibling, plus one dismissed offer.
1: I would have the house, my sibling would have all the monies (this was taking some funds that my mum wished me to have as a head start managing the property but ultimately I agreed as it wasn't huge in the grand scheme of things) I was also happy to draw a trust which ensured my sibling (or offspring) received at least 50% of any property I owned in my will (with the likelihood they would get it all)
This agreement failed when I queried when my sibling started to state the house was in 'our names' rather than just mine (sole reason for house in my name was to prevent legal challenges and this is why the mum left me the house on the basis she knew I was leaving my will to nieces and nephews)
* Mother also wanted it so I could sell and buy another property as wasn't limited by 3rd parties (siblings and offspring's)
* Secondary reason for house in my name is one nephew has legal issues and any property he is linked to is at risk of police raids (which id rather not have to deal with as someone who's never done anything wrong)
2: Second agreement was similar to the above after that broke down, this time the trust would be drawn so that if I ever sold the house, they would receive 50% of the house value based on a valuation done at the time of that agreement. Again, my sibling would have had all the monies at this point which equaled apr 20% of the house value. I agreed and the agreement fell down when my sibling did not agree with the amount the house was valued at. The valuation was carried out by a RICS Chartered Surveyor. * House was valued <£200k
After this my sibling initiated legal proceeding to force the sale of the property based intestate (despite my mothers will being given to her sibling)
* I am the only person defending my mothers will, my mothers sibling has sided with my sibling and I read this as clear evidence my mothers will was taken from her in bad faith.
3: During the first round of legal proceedings I made my sibling an offer to pay the 50% value of the property over a period of 10 years on a monthly (this would have financially been very difficult as only have a salary and I would have had likely to get a second job to survive) this was dismissed and the only solution my sibling and their solicitor has offered is the forced sale and monies spilt.
* Unfortunately I have poor credit and this means I cant get a mortgage to settle this that way (even though I despise that my mothers wishes are being ignored / stolen)
** My poor credit could also potentially limit my ability to rent if I was forced out.
The first legal case was dismissed (albeit it seems on a technicality of them using the wrong law)
I am now in the process of defending my mothers will and my home a 2nd time (defending myself as I cant afford legal costs and any avenue I turn to for help doesn't seem to be able to assist based on the complexity)
I don't know where to turn so any help would be very much appreciated.
- What protections are in pace for someone deceitfully accepting a will with no intention of carrying out the actions?
- What protections are in place for making agreements and then reneging on them?
- When a fair and just offer is made, do the other party have the right to flatly refuse when the opposite is a person being made homeless from a place they've lived and contributed to for over 30 years (contributed for 20+ as lived here from childhood)
If I am made homeless and hit with fees its likely it will impact my location, which in turn could impact my occupation
Its likely I will not be able to afford anywhere to live or be approved as a renter (bad credit so only solution to me is to buy something outright but this may not be realistic)
Apologies for the waffle and thank you in advance for any assistance anyone may be able to offer.
P
