"Legitimate Inheritance" - Advice please

[Apollo1701]

May I ask for some advice please - My father passed away and in his will it says that he leaves everything to my mum, BUT, if my mum is 'predeceases or is unwilling or unable to act' then my dad appoints me and my brother.

The will was made in 2009, and in 2019 my dad left the property in a lifetime trust with a law firm. I understand that the Trust supersedes the will. The law firm in control of my parents property have basically said to me that as it is a lifetime trust, they are going to sell the property to fund my mums care.

My dad passed away and my mum was moved into a care home due to her advanced dementia within two weeks of each other. As I understand things, my mums situation makes her 'unable to act' in accordance with the will.

My question is - I was digging around online reading various things about wills and trusts. I came across "Legitimate Inheritance".
The property is/was jointly owned by my parents - 50/50.
From what I read, and more than likely have not understood correctly .... when the property is sold, and let's say it sells for £400,000 .... then my mums 50% which would be £200,000 and that would be used to pay for her care (although she does now have close to £60,000 in 2 currents, as I removed my dad's name after his death and now it is all mums cash) and the remaining £200,000 will be split between my brother and I each receiving £100,000 each from the sale of the property, and when the unfortunate time comes that my mum is no longer with us, then the remaining monies that is left after paying for my mums care, will also be split 50/50 between my and my brother.

Can someone please illuminate me or explain if my understanding is correct from 'Legitimate Inheritance", please?

[atticus]

You appear to be confusing the bequest in your late father's will and the appointment of executors.

As for this "legitimate inheritance" business, are you sure that you have been reading stuff about the law of England and Wales?

[Apollo1701]

No, unfortunately, my brother and I are both living abroad making this whole situation as co-executors even more difficult and stressful.

[atticus]

Sorry, I edited post #2 after reading your previous posts on this forum

You appear to be confusing the bequest in your late father's will and the appointment of executors.

As for this "legitimate inheritance" business, are you sure that you have been reading stuff about the law of England and Wales?

[Apollo1701]

Would you be so kind as to explain where or how I am confusing my dads will and being a co-executor, please? I will attach a copy of the will.

I am as sure as I can be, it was mentioned on a co.uk website forum.

[atticus]

leaving everything to mum is a bequest.

Appointing you and your brother in her place is surely about being executor.

[Apollo1701]

Yes, that is what I thought. And now that mum is 'unable' due to her dementia, my brother and I are the co-executors.

From what the law firm said (who has the property in a lifetime trust) - as co-executors, we need to deal with my fathers estate, barring, the property and its contents as that is the responsibility of the law firm holding the trust.

We have sold my dads car, and had monies that were in accounts solely in our dads name transferred to us.

My question really is, when the property is sold, which has been decided on by the law firm and will be happening soon, and keeping in mind that mum now has close to £60,000 in a current account solely in her name, and the local authority in Lincolnshire are taking on the role of Deputyship, when the property is sold, will the proceeds go to further fund my mums care and leaving her £60,000 untouched, or will the £60,000 be used first and God willing my mum lives on for a while until the 60 grand is exhausted, then the property proceeds will be used for mums care. AND when the property is sold, will my brother and I receive anything from the sale, or, do we, essentially only receive whatever is left in the bank and from the sale, when my mum passes?

[atticus]

if your father left everything to your mother, your mother inherits everything.

[Apollo1701]

From reading the will, is that what it says and means - everything to mum?

I would not and I do not ask questions I know the answer to.

But it also says that if mum is unwilling or unable to act - being in a care home with dementia, to my mind, pretty much makes her 'unable to act' - then it comes to me and my brother, correct?

And when the house is sold, does 50% go to mums care and the remaining to split 50/50 between me and my brother? Like I said, I don't ask questions I already know the answer to, nor do I ask for things to be explained to me, if I already understand them.

[atticus]

clause 4 is indeed about the appointment of executors. It is about nothing else.

[Apollo1701]

Thank you for your time in replying me I do appreciate it. However, I am none the wiser and only more confused. Thank you for your time.

[atticus]

In his will your father left everything to your mother.

As executor, tasked with carrying those wishes into effect, your father appointed your mother, with you and your brother to take on the role if your mother is unwilling or unable.

[Apollo1701]

Thank you.

Yes, I understand that, that me and my brother are the co-executors (and have been since September) as my mum is 'unable' due to her advanced dementia.

My original inquiry or question was regarding what will happen when the property is sold - will 50% go to mum, into her account, to be managed by the Deputyship of of the local authority to pay for her care, and the remaining 50% split 50/50 between me and my brother.

Or

Only upon mum passing away, will my brother and I recieve anything that is left from the proceeds of the property after paying for mums care?

[atticus]

the latter.

[Apollo1701]

Thank you.