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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33817
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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Hello This is an awful time to ask this, but essential for

Resolved Question:

Hello

This is an awful time to ask this, but essential for me to know.

For the last six plus years I have been the sole carer for me disabled mother, being in receipt of the NI element of the carers' allowance during much of this time. Sadly she passed away suddenly last weekend, leaving a will which placed our home in trust. Within the will is a stipulation that I cannot remain in the home if I were to marry, which seems contrary to Human Rights legislation to me.

My specific questions are, therefore, at what point after a person's death does the will become 'active'? And, as I paid sums into the upkeep of the property (new windows, chimney, household bills etc), in my role as carer, does this provide me with further protection under Law?

Many thanks
XXXXX XXXXX
Submitted: 3 years ago.
Category: Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
How much is the house worth and how much have you spent on the improvements and alterations?
Who inherits the house if you marry?
Clare
Customer: replied 3 years ago.

Hello Clare


 


Thanks for answering.


 


The windows cost nearly £1200, the chimney £350, the boundary fence another £200, I believe. All of these were in the last two years. My 'housekeeping' was set against my paying the television rental and 'Sky' etc costs at about £120 per month, plus the payment of my council tax. I also undertook, by agreement, the payment of some utility bills as needed, and often paid for basic foodstuffs for us both.


 


As I cared for my mother full-time over this period, I was unable to work, living on savings and a partial disability pension from my employers.


 


The house would be around £135,000, I imagine in the current climate, and has been my home for over forty years, having paid housekeeping in similar forms whilst working as a teacher.


 


If I were to marry, and it is the principle of this issue, the trustees must sell my home from under me, making me homeless, giving me probably £50,000 from the sale after their costs are deducted. Given my disablity, depression, it is unlikely that I would be able to find employment in the current climate.


 


Hope this helps


 


Kevin J

Expert:  Clare replied 3 years ago.
Hi
Who else inherits when the house is sold?
Clare
Customer: replied 3 years ago.


The other party is my sister, who has already made representations to the trustees complaining about the will, which is strange as it was she who organised the completion of it and participated in the meetings to create it, I understand.

Expert:  Clare replied 3 years ago.
Hi
So the House is left equally between you and you have the right to live there so long as you are not married?
Clare
Customer: replied 3 years ago.


Yes, that's how it's worded in the will, along with the statement; "...and does not live with anyone as her husband...". I cannot believe that this is what my mother would wish, and have independent friends who are prepared t testify that she felt that she was holding me back and ruining my life. (Both of these are untrue, as I willingly fulfilled the role of carer.


 


Kevin

Expert:  Clare replied 3 years ago.
Hi
How much does a one bedroom property in the same general area cost?
Clare
Customer: replied 3 years ago.


I've looked on RightMove and the cheapest singled-bedroomed house in this area is £110,000. Obviously I have no idea of the condition of the property.


 


Kevin

Expert:  Clare replied 3 years ago.
Hi
Were there any other assets dealt with in the Will?
Clare
Customer: replied 3 years ago.


The furnishings are left to me, although the only item of value will be the chair I had bought on mum's behalf whilst she was in hospital, there will probably be no monies after all bills are settled. Oh, and I inherit the upkeep of the family pets!


 


Thanks again


Kevin

Expert:  Clare replied 3 years ago.
Hi
May I ask how old you are/
Clare
Customer: replied 3 years ago.


I'm 53, hence the limited opportunities to earn after such a long break and the diagnosis of depression going back many years. I did work through it for a long time, but a specific event involving a criminal against whom I have a court injunction and substantial monies due by way of damages for injury, overwhelmed the defences as they existed. My last job, as a teacher, coincided with my mother requiring greater support, hence the role of carer. She sought to repay me in this wa, and I know that she would not have agreed to such a clause if she had been fully aware of the implications - either that or she didn't think I would ever meet someone! I guess that not only have I lost my closest friend, but also have become redundant at the same time.


 


Kevin

Expert:  Clare replied 3 years ago.
Hi
What is your sister's housing position?
Clare
Customer: replied 3 years ago.


Hi, sorry for the delay.


 


My sister lives with her husband in a 3/4 bedroom detached house in the outskirts of a nearby town. They have no children. She is a line manager in the local housing association and he is receiving a pension for a full-term served in the RAF, whilst working in the same job at the airbase as a civilian. - if that helps at all.


 


Kevin

Expert:  Clare replied 3 years ago.
Hi
Did your mother ever promise that you would be "looked after" when she died?
Clare
Customer: replied 3 years ago.


Morning Clare


 


My mother often told people that in lieu of my 'caring' she wanted me looked after she died. Two of our closest friends reassured me that she had said this to them on numerous occasions, especially whilst I was not in the room for whatever reason.


 


It may be a mute point, but they also said that she wished I found someone and that she felt she was responsible for limiting my life. This 'limit' i willing accepted and only wish I could still.


 


Kevin

Expert:  Clare replied 3 years ago.
Hi
This is not a Human Rights matter - that is about the actions of Governments not people
However you do have a potential claim against your mother's estate on the basis both that proper provision has not been made - AND (separately) that she has not kept the promise that she made
These are not simple concepts but they are described in more detail here
http://www.access-legal.co.uk/free-legal-guides/A-guide-to-contesting-a-will-5006.htm#.Uv4u9HfV9r4
and here
http://www.pcm-law.net/briefguideinheritance.html
Please ask if you need further details
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33817
Experience: I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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