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Buachaill
Buachaill, Barrister
Category: Family Law
Satisfied Customers: 10174
Experience:  Barrister 17 years experience
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My so called brother left home 25 years ago with another

Customer Question

Hello
My so called brother left home 25 years ago with another brother
To my amazement my mum who lives with another of my brothers told me the 2 brothers that left home over 25 years ago came to see my mum wanting sone kind of share / their inheraitance for a property that my mum has signed off to me and my wife and for the property that my mum has signed of to my brother who is living with my mum
Can you please advise if they are entitled to any thing ?
Thanks
Submitted: 12 days ago.
Category: Family Law
Expert:  Buachaill replied 12 days ago.

1. Dear Amarjit jandu, under English law, a child has no automatic entitlement to any share in their parent's assets, nor does a child have any entitlement to any share in their estate upon death. In practical terms, this means that your 2 brother who left home over 25 years ago, have no claim to your mother's assets, either now, when she is alive, nor upon her death. So, the bot***** *****ne is that your 2 brothers who left 25 years ago have no claim upon the property which your mother has signed over to you. Nor do they have any claim to any assets belonging to your mother, neither now, nor upon your mother's death.

Expert:  Buachaill replied 12 days ago.

2. Additionally, these 2 brothers who left over 25 years ago have no claim upon the property your Mum signed over to your other brother. In essence, they are not entitled to any of your mother's assets. It is purely a matter of discretion what she decides to give to them, if anything at all.

Expert:  Buachaill replied 12 days ago.

3. Please Accept or Rate the answer as otherwise your Expert will not receive payment from the website for answering your question.

Customer: replied 12 days ago.
Thanks they say they will go to solicitors to get a case citing that when they were at home they paid some money towards the mortgage
Which I cannot remember if they did it was very minimal
Do they have a case
Thanks for your help my mum is worried and not well with this dress sadly
Expert:  Buachaill replied 12 days ago.

4. If your two brothers who left paid money towards the mortgage, they will have a rateable share in the property in proportion to the percentage of the mortgage debt they discharged through their contributions. However, they will have to be able to prove they actually made the contributions directly to the mortgage. It is not enough to simply show that they were paying money to your mother for their keep and lodgings. Your 2 brothers will have to show they paid monies directly in respect of the mortgage and that these contributions went directly to pay off the mortgage. After over 25 years, it will be very difficult to prove these facts as there will no longer be written records of the payments being made.

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