is nothing legally to stop you selling the house and buying another smaller one
are under a duty to act in your mother's best interest, and you're actually not
able to use any of your mother's money for your own benefit. However, in these
circumstances I think the actions that you propose could be justified if they
were to be questioned in court.
house would still be at risk for the payment of care fees if ever your mother
is unable to pay for them
potential fly in the ointment is the estranged sister who may pop up out of the
woodwork and allege all sorts of wrong doing. Because of the circumstances I
cannot think what allegations she could make, but I mention it in any event.
is a potential issue with your mother's will depending on the wording and how
the house is described and if you sell it.
the will refers to "my house at numberXXXXX", then it is that house,
and in no other, so the replacement house, when your mother dies, passes into
residue and is dealt with under the residue terms of the will.
same applies if the house is simply referred to as "my house".
however the house is referred to as the house I own/live-in at the date of my
death, then it can be the replacement house. However, on a strict
interpretation if it says the house I live in at the date of my death, rather
than, the house I own, if she has never lived in it there is a very strong
argument which which then says that the gift fails and it falls into the
residue of the will. If you and your brother get everything that is left than
that isn't a problem, but if you and your brother were given the house and your
mother, thinking that there was very little else left, left everything else to
the cats home, the gift of the house fails, it falls into residue, and the cats
home get it.
that reason, it is essential to look at the exact wording of the will and to
read that in relation to what you propose to do with another house.
bear with me today because I will be online and off-line
Can I help further?
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The thread remains open. Thanks