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UKfamsol
UKfamsol, Family Solicitor
Category: Family Law
Satisfied Customers: 560
Experience:  Very experienced specialist family law solicitor, qualifed in 1994
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I need to ask questions about inheritance in a will and also

Customer Question

I need to ask questions about inheritance in a will and also what carers can claim after death of person, this is in the uk
Submitted: 2 years ago.
Category: Family Law
Expert:  UKfamsol replied 2 years ago.
Hello and thanks for your question - but I need a bit more information.

What exactly is it you want to know?
Are you the carer?
Were you employed by the person that died, or was it a different sort of arrangement? If so what? What financial support if any did you receive if it was not wages?
What is your relationship with the person that died?
How much is their estate worth in total?

best wishes...
Customer: replied 2 years ago.
I will rate you of course. The person who died was my husbands mother. His sister was the one with his mother. She worked part time and had carers going in to her mother. There are two brothers and they want to know if their sister can claim the house. The fourth child passed away before her mother died. There were four children. Does the family of the deceased daughter have a claim. estate value approximately 270k. . This is in the uk. Thank you
Expert:  UKfamsol replied 2 years ago.

Hello again & thanks for the extra info. There will be no inheritance tax to pay as the threshold is currently £325,000, and from what you say, your mother-in-law's estate is worth less than that.

But sorry, I'm still not clear! So here's the extra info I need:
Did your mother-in-law leave a will? If so, who did she leave her estate to? Is the house mentioned in the will, saying who is to get it, or is the house just part of the estate overall?
If your mother-in-law left a will, was she financially supprting anyone (whether family or not) who gets nothing at all from her estate as set out in her will?
For example, was your sister-in-law financially supported by your mother-in-law? (and not just employed by her)

thanks....

Expert:  UKfamsol replied 2 years ago.
Aahh - I think there's another point I need to clarify.

Has your sister-in-laaw died before her mother? Is she the 4th child that died before their mother?
Customer: replied 2 years ago.
We know that there is no inheritance tax to pay.thank you.
Yes the house was left in the will equal shares to the children. The question being. A. Can my siste-in- law claim the house because she cared for her mother or a while.b. the sister that passed away before her mothers death ? Where do we stand on that, we have conflicting opinions from solicitors.
Expert:  UKfamsol replied 2 years ago.
Ok thanks.

The fact that one daughter cared for her mother does not affect her entitlement under the terms of the will UNLESS she was being financially supported by her mother and that is not referred to in the will (ie she gets a bit extra) or in any letter of wishes left with the will (ie explaining why she does not get a bit extra). If the house was left in equal shares to all 4 children, then if the will states that if any child dies before the testator, then their kids get their share, then the deceased sister's kids will get her 1/4 share of the house. If they are minors, then their share will be held in trust for them. If the will does not say that the grandchildren will get their parent's share if that parent has predeceased your mother-in-law, then the deceased sister's share will disppear, and her share will be shared between the other 3 - so the house will go to the 3 remaining siblings equally. The will should have appointed trustees and executors, to collect in all the assets and distrubute the assets to the beneficiaries, and look after any monies for minor children.

If the house now goes into the names of the 4 (or 3) siblings, they can decide either to keep the house, or to sell it and divide up the proceeds, or the one that wants to keep it, can choose to buy out the other 3 (or 2) - if they agree.

But I don't think that the sister that cared for her mother can INSIST that she gets the house, certainly not unless she buys out the others, and if they don't agree, she will have to apply to court for the court to decide.

I hope that helps and I wish you the best of luck.

Thanks and best wishes...
UKfamsol and other Family Law Specialists are ready to help you
Expert:  UKfamsol replied 2 years ago.
Hello again

I see that you have looked at my answer but not accepted it- is there anything you would me to clarify? Please let me know and I will do my best.

Otherwise, I would be grateful if you would now kindly accept and rate my answer or I get nothing for my time - thanks!

best wishes...
Expert:  UKfamsol replied 2 years ago.
Thanks so much for your prompt payment AND bonus - much appreciated!