Common-law advice on will

[Apple123]

My sister lived with her partner for 20 years, but they weren’t married. Her partner had a son from a previous marriage (he was divorced) who is 24 years of age. They also have an 18 year old son together.
My sister wasn’t named on the mortgage but equally contributed to all household bills during their time together. No life insurance or mortgage insurance. Still approx half of mortgage outstanding for which my sister will need to apply in her own name for.

They both made a mirrored will which states should the house be sold half is left to my sister with the remaining half split between the two boys. My sister was told by the solicitors firm that compiled the wills that the eldest child, due to his age would be entitled to his share immediately.
Grant of probate will need to be applied for which my sister is doing herself rather than through the solicitors.
My question is would my sister be entitled to half of the equity of the house anyway as she has contributed for 20 years even though she wasn’t named on the mortgage and then be entitled to half of the remaining equity?

[Pezza54]

To provide an answer to this thread the actual wording in the will would be helpful
If your sister decides to sell the property then as both sons are over18 they are entitled to receive their quarter share each after the outstanding mortgage etc has been paid.
Is your sister now the sole executor?
Your sister is taking a risk applying for Grant of Probate without the advice of a solicitor. There may be IHT to pay and complex IHT forms to complete. Mistakes in these forms can cause probate delays and/or an incorrect IHT payment

[Pezza54]

I should have stated that as the solicitor has said that only the eldest son can inherit now, there may be wording in the will that his sons have to reach 21 before they benefit.

[Apple123]

Many thanks for your reply.
in answer to your questions, my sister is sole executor to the will.

[Apple123]

Copy of the wording

[Pezza54]

Are there any more clauses in the will about life interest, your sister being allowed to continue living at the property until she moves out, dies, or gets married or enters a civil partnership?

[Apple123]

This is the rest. No right to reside etc. It was a very basic will when it was drawn up under the free wills month. Personally I feel they’ve both been badly advised.

[Pezza54]

Yes you are right. Your sister has no automatic right to continue living at the property. The eldest son may need the equity and push for sale of the house.
The trustees have discretion to postpone the sale for a period of time but it must be sold eventually.
Your sister as a beneficiary should not be the sole trustee because of a conflict of interest.
She should seek legal advice and if she wishes to continue to live there, consider remortgaging so she can buy the eldest son's quarter share at market value.

[atticus]

My question is would my sister be entitled to half of the equity of the house anyway as she has contributed for 20 years even though she wasn’t named on the mortgage and then be entitled to half of the remaining equity?

It is possible that a court may find the she had acquired some degree of beneficial ownership. We would not be able to say what that degree might be. Such a court case would take time and money.