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where do I stand legally

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  • where do I stand legally

    where do I stand legally as my mum is likely to die in the next few years from health complications.

    My mum has 3 children with 1 man who are all legally adults now in their 20's and early 30's and don't live at home. a child with another
    man who is 18 who lives at home, and me with yet another man, and me, although I'm not legally an adult but am almost, so thats total 5 kids with 3 different
    men.

    My mum has a new partner again and they don't have kids together as far as I'm aware. They jointly own our house but are not married as
    far as I am aware (my mum has said that she wouldn't tell me if they were married anyway, but when I asked she said she wasn't married
    to him, so don't know if that's a lie) and my mum had said to me when out on a
    walk that she has written in her will that when she dies my brother and I are getting half of her share of the house and that her
    partner has written in his own will that if he dies my brother and I will share his half too, so that works out at 50% each for my brother when
    they're both dead. However my mum has said that she hasnt actually seen her partners will, that she isn't sure if he has written that,
    that she's just going by what he has said and that she's worried that when if she dies before him it will complicate things for my brother and I and that his
    family will be after our house, but that she daren't ask him incase they argue.

    My mum has lied to me on more than one occasion about serious things in the distant and close past so I don't know if what she's saying
    is true or how I can find out.

    A few years ago she had said that her (current) partner has no kids, but due to my misophonia I hear
    them talking together about his kids in the early hours of the morning when they assume I'm asleep. So that's another lie
    that she has told me. Will they be entitled to a share of the house
    Tags: None

  • #2


    Well at the moment under English law, it is not possible for children to inherit assets until they reach the age of 18.
    Any legacy will be held in trust for you at least until you reach the age of 18

    You say your mother is an inveterate liar, so do you know for sure that she has written a will?
    In any case if she has, that will may be changed before she passes.

    Also you say she owns the house with her current partner.
    A house can be owned by two people as "joint tenants" or "tenants in common".
    If it is owned as "joint tenants " it automatically passes to the surviving partner, regardless of the will.
    She can only pass her share of the house to you if she is a "tenant in common"


    Whether or not any other descendants of your mother or her partner will be able to make a successful claim under The Inheritance (Provision for Family and Dependants) Act 1975 one cannot say.

    Comment


    • #3
      Going through this at present, the advice is correct as above if your Mum passes property will belong to the remaining partner to dispose of how he wishes, have words with a Solicitor, I believe although not positive, have him draw up something to safeguard yourselves a Trust whatever that is.

      Comment

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