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Advice re will and sale of my home

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  • Advice re will and sale of my home






    Hi I hope I am posting this in correct tab

    I have an ongoing issue, that I hope is nothing but hot air.

    I lost my sister November last, My sister lived in a small house yards from my family home on my farm.

    My sister lived here for 16 plus years and herself and I put funding into the property to make it modern and make more comfortable for her.

    I have just sold my Farm as its to big for me to manage as I am in my mid 60s,

    my other sisters and I don’t see eye to eye and seldom talk, My sister who passed away left a will for her savings, car etc. to be shared among her sisters.

    I have been contacted by her niece who is trying to extract money from me, telling me that her aunt has invested money into MY house and she has a financial interest in my sale due to money being spent on this property over the years.

    Yes that is correct my sister, her aunt did spend money on my property, tho it was for her own privileges.

    The deeds have myself only named and no other party is named on the deeds of my Farm, the only building listed on my deeds is my own home NO: 80 and no other

    I have since been harassed by text messages asking for 75k of the sale my farm, from this niece.

    Text reads

    I will be instructing my solicitor today to obtain an injunction, which means your sale will not be able to proceed until we have resolved this dispute. We have now got concrete evidence showing how much my aunt spent on works carried on her home.

    If you want to come to a negotiation let me know by 2pm today. If I don’t hear from you by then I will proceed as planned.

    I did not reply to her text, one week has passed and I have heard nothing.


    PLEASE NOTE

    though out the duration of my sister living next door to me on my land, I did not charge her one penny rent, she had her own property elsewhere that she rented and gained money from the rent, but never once offered to pay myself for living on my land,

    would anyone please help me, I went thought brain surgery three years ago and still am not 100% fit to deal with this, so any advice would be appreciated.


    Kind regards

    Helen









    Tags: None

  • #2
    As far as the sale of the house is concerned you need to get professional legal advice from a property law solicitor. They will need much more information than you have provided here, what you mean by "tho it was for her own privileges", and all correspondence and agreements between you and your late sister. It is possible your sister had a beneficial ownership in your house at the time of her death. For general background information read this article: Beneficial Interest in Property: The Basics | Britton & Time Solicitors

    However even if your late sister did have a beneficial interest at the date of her death I would expect that interest to form part of her Estate and to be distributed in accordance with the terms her Will, ie to be shared among her sisters. From what you have said I do not understand why your niece (who I assume is your late sister's daughter) believes she is entitled to receive the money herself when she is not a beneficiary under the Will.

    Unless your niece is the Executor under your late sister's Will and is acting in her role as Executor asking for the money to be paid to the Estate. Is she the Executor? If not, who is?
    Last edited by PallasAthena; 29th March 2025, 11:51:AM.
    All opinions expressed are based on my personal experience. I am not a lawyer and do not hold any legal qualifications.

    Comment


    • #3
      You stated your late sister owned her own property and that she left her savings, car etc to her sisters

      Who did she leave her property to?

      Comment

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