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Ask Clare Your Own Question

Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33949
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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, my mother died recently without making a will, the house

Customer Question

, my mother died recently without making a will, the house was under two names
hers and my brother (she was to old at the time to get a mortgage, but paid all the money)
I know that when she died he become the sole owner, but she wanted
the monies from the sale to be split between the 3 remaining bothers, is there any course
of action that myself and other brother can take to get our share?
Submitted: 2 years ago.
Category: Law
Expert:  JGM replied 2 years ago.
Thank you question.
If your mother's part of the house transferrd to your brother on her death, unfortunately you can't challenge that. Your mother's stated wish should have been reflected in the title to the house or in a will. If that hasn't happened it's too late to do anything about it now, I'm afraid.
Happy to discuss further.
Please leave a positive response so that I am credited time.
JGM, Solicitor
Category: Law
Satisfied Customers: 10911
Experience: 30 years as a practising solicitor.
JGM and 2 other Law Specialists are ready to help you
Customer: replied 2 years ago.

, thanks time, so a verbal will witnessed by other parties dos not count ?

Expert:  JGM replied 2 years ago.
There no such thing as a verbal will, I'm afraid. What someone says verbally can't be taken as being their will. A will must be in writing and properly signed and witnessed.
Expert:  Clare replied 2 years ago.

Thank you question.

I will do my best to help you but I need some further information first.
In fact things may not be as bleak as all that.
What actually happened when your mother and brother purchased the property?
Clare
Customer: replied 2 years ago.

Clare,

my mother was was deemed to old to get a mortgage, but could with him

signing as co-mortgagee, he did help with the deposit, but I know

fact he not once help with the repayments.

Regards

Carlos

Expert:  Clare replied 2 years ago.

Excellent.
What arrangements were made at the time of the purchase regarding ownership
How much is the property worth and how much was outstanding on the mortgage?
Clare
Customer: replied 2 years ago.

Clare,

the ( not on paper ) understanding was that the house would be benefit of the four bothers, one passed away leaving 3, mortgage paid.

but he took a secured loan of £50k on the house about 12 years ago, the house is on the market for £480k, minus whatever is still outstanding on the loan.

Regards

Carlos

Expert:  Clare replied 2 years ago.

Do you have any evidence of this agreement?
Clare
Customer: replied 2 years ago.

Clare,

No, apart from it was a known fact in the immediate family and extended ( cousins, auntie's nephews and nieces ), what my mother wanted to happen after her passing.

Regards

Carlos

Expert:  Clare replied 2 years ago.

The real issue here is exactly what was said and what was agreed at the time of the purchase
Who chose the house?
Clare
Customer: replied 2 years ago.

Clare,

I do not think anything was agreed at the time, it was a family decision

to choose the house, is there anything we can do Clare?

Regards

Carlos

Expert:  Clare replied 2 years ago.
Carlos.
There is more hope than my colleague suggests but that does not mean it will be easy - and it may not be cost effective.
There would have to be an investigation as to what the agreements were at the time of the purchase; what advise was given to your mother at the time and whether or not it was always understood that she and your brother each owned their own share of the property
The starting point is of you to apply of Administration of your mother's estate so that you can investigate the purchase file
Clare
Customer: replied 2 years ago.

Clare, ok I have looked into " Letters of Administration ".

Am I right in saying that the " letter " would be directed to him?

Also willsandprobateservice.co.uk offer this service for £689.00 inclusive of VAT does that sound ok too you?

Regards

Carlos

Expert:  Clare replied 2 years ago.

No to both.
Letters of Administration allow you to deal with your mother's estate - they are not addressed to any one
It would also be more cost effective to deal with it yourself
https://www.gov.uk/wills-probate-inheritance/applying-for-a-grant-of-representation
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33949
Experience: I have been a solicitor in High Street Practice since 1985 with a wide general experience.
Clare and 2 other Law Specialists are ready to help you
Customer: replied 2 years ago.

Clare,

some news I have heard...

It is in probate.

can don't find Letters of Administration ? on https://www.gov.uk/wills-probate-inheritance/applying-for-a-grant-of-representation

Do mind paying more advice.

KInd regards

Carlos

Expert:  Clare replied 2 years ago.

Do you mean that your brother has already applied of Administration
Clare

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