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Nicola-mod
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Category: Family Law
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My mother has dementia and is ina home...she remarried about

Customer Question

hi my mother has dementia and is ina home...she remarried about 10 years ago and her husband still lives in my mums house which she owns outright. She has always told me and my sister thtat she would leave the house to us when she died, but if she dies before her 2nd husband he will inherit the house and not us...she has no will...is there anything we can do
Submitted: 10 months ago.
Category: Family Law
Expert:  ukfamilysolicitor replied 10 months ago.
Hello
Welcome to Just Answer
I am a Solicitor and will try and assist.
Please may I ask - is your mothers estate likely to be more than £250k?
Kind regards
Caroline
Customer: replied 10 months ago.
no its not
Expert:  ukfamilysolicitor replied 10 months ago.
Hello
Thank you for clarifying that for me.
If your mother was to pass without a will then the whole of the estate would pass to her husband if he survives her. This is known as the rules of intestacy.
It will be difficult to challenge the rules of intestacy if neither you nor your sister are dependent on your mother.
Whilst I note that your mother has dementia- the law still encourages adults to make decisions for themselves when they have capacity to do so.
If your mother wants to make a will then it is appropriate for a Solicitor to be instructed so that they may assess your mothers capacity to instruct them.
Please do be mindful that if no provision is made for the husband then he may seek to challenge a will. This will of course be discussed during the will making process and is worth dealing with to avoid later litigation.
Kind regards
Caroline
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Customer: replied 10 months ago.
mum is not capable of making any will and her husband knows of her wishes and we have said he can live there for as long as he wants but we are worried that although he says that now it may change if he inherits and we think he cannot be trusted to leave it to us....could we ask him to sign something now to say we inherit the house and not him as long as he is allowed to stay there for as long as he wants.
Expert:  ukfamilysolicitor replied 10 months ago.
Hello
If husband makes a will to reflect this position then this would stand.
But be aware that could later revoke the will. Which you leaves you nowhere.
I am very sorry as I know that this is not what you want to hear.
Your best option is really to have your mothers capacity assessed.
Kind regards
Caroline
Customer: replied 10 months ago.
unfortunately she has no capacity to make conscious decisions now......so are you saying that there is nothing at all we could get him to sign that would be legally binding and irrevocable while mum is still with us.
Expert:  ukfamilysolicitor replied 10 months ago.
I am sorry that is the position
Kind regards
Caroline
Customer: replied 10 months ago.
hi, while we have joint deputyship for mums financial affairs at the moment could it not be put in our names as that was her wish...or what if when mum died her husband put the house in mine and my sisters name...is that possible?
Customer: replied 10 months ago.
Just to expand on the above...the full situation is-my mum remarried about 10 years ago and lived with her new husband in her house which she owned outright in her name only. She always told me and my sister that she would leave her house to us her only children. However last year she was put into a home by her husband who said he could not cope with her vascular dementia. So he now lives in mums house while she is in the care home. It has now come to light that she has left no will so as far as i am aware if she dies the house would go to her husband. Her wishes were that the house should be left to us in the event of her death but that her husband be allowed to remain there as long as he wished, and all parties were aware of this wish. We applied for a joint deputyship, and me, my sister and her husband were appointed deputies for her financial and property affairs. How can we ensure her wishes are carried out as my sister and I do not have a very good relationship now with mums husband as we feel he has not treated her very well in her time of need. We worry if mum dies and her estate goes to him then that may be the last we see of any chance of inheriting from mum as she wished....hope you can help...regards Sean
Expert:  Nicola-mod replied 10 months ago.
Hello,
It seems the professional has left this conversation. This happens occasionally, and it's usually because the professional thinks that someone else might be a better match for your question. I've been working hard to find a new professional to assist you with your question, but sometimes finding the right professional can take a little longer than expected.
I wonder whether you're OK with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.
Thank you!
Nicola
Customer: replied 10 months ago.
Please cancel and refund...regards Sean

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