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Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10458
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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my sister is my mum's main carer. if mum dies would she have

Customer Question

my sister
is my mum's main carer. if mum dies would she have any rights over the property even if a will has been made that it is to be sold and shared 3 ways
Submitted: 2 years ago.
Category: Law
Expert:  Aston Lawyer replied 2 years ago.
Hi there,
Thanks for your enquiry.
If your Mum leaves a Will, just splitting her Estate into 3 equal shares, then that is how the Estate should legally be divided.
Your sister is not entitled to "claim" a larger chunk of your Mother's Estate just because she has been caring for her. If your Mother wanted to benefit your sister more, she would need to change her Will and leave her a larger proportion.
So, at the end of the day, whatever the Will says is how the Estate will need to be divided. The only way your sister can then "claim" a larger share is if she disputed the Will on the grounds that your Mother had not left her reasonable financial provision or there was an unwritten trust/agreement between them that she would receive more than a one third- this would only be successful if for example, your sister had no other property of her own, and your Mother had told her that in return for looking after me all these years, I will leave you my house. I am not sure if your sister does have her own house, but only in these circumstances would your sister have any chance of disputing the Will.
I hope this assists and answers your question.
Kind Regards
AL
Aston Lawyer and other Law Specialists are ready to help you
Customer: replied 2 years ago.

thank you very much

Expert:  Aston Lawyer replied 2 years ago.
Thanks Hazel!
AL

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