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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69259
Experience:  Over 5 years in practice
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My father passed away a number of years ago and my mother inherited

Resolved Question:

My father passed away a number of years ago and my mother inherited the house and all monies- the house is now in her name; i am the youngest of 5 siblings and live with my mother however the past 2 years she has been deteriorating with dementia, i live with her and i am her main carer, as far as i am aware my mother has made a will - leaving the house and monies to be divided between us; my eldest sister was power of attorney prior to my fathers death and i believe she continues this role (just as my mothers memory was starting to deteriorate - an attempt to change the will was made in order for me to inherit the house as i live here - pay bills etc , however this was not allowed ( my sister informed me at this liason with the solicitor the solicitor had said if mum passed away - the house would be put up for sale in order to divide the proceeds - she mentioned something about the only way to inhibit the house being sold and possibly passed down to me , would be if each of my older siblings would write a letter stating the house should be passed to me. I have 2 questions (1) does this sound correct (2) if and when my mum is no longer able to be looked after at home and would have to be admitted to a nursing home - would the house have to be given up for payment of her care? , currently she receives her normal pension and attendance allowance.
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.


If you are 60 and have lived your parent over 12 months as carer, then house is not assessed for the payment of care immediately and you would be able to continue to live there.

However that only applies to the payment of care and not in the event of death.

The way the courts view this is is that it would be unfair for the rest of your siblings wait around for years until such time as you decide you no longer want to live in the house.

The court would also look at the terms of will and decide that it was not what your mother intended. The reason for that is that it is really easy for your mother to have put another sentence in the will (particularly if the will was done by solicitors) to give you the right to live in the property for life or a period of years after which it could be sold. All that would have needed would literally one sentence in the will.

The bad news therefore is that once your mother dies the house will be sold and the proceeds divided.

I’m sorry that this is bad news for you. Can I clarify anything?

Jo C., Barrister
Category: Law
Satisfied Customers: 69259
Experience: Over 5 years in practice
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Customer: replied 1 year ago.

I am 42 yrs old and moved in with mum after my dad died which is 10 yrs ago . To be honest i think your answer is what i expected ; and probably with my mum having dementia now - even my eldest sister having power of attorney the will cannot be changed?

Expert:  Jo C. replied 1 year ago.
Unfortunately, even a person with power of attorney cannot change the will.
Once a person has written a will and they get dementia, the will is then written in stone unless it can be contested because of lack of capacity or fraud or undue influence which, if it was written some years ago isn't likely. Sorry.

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