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tdlawyer
tdlawyer, Lawyer
Category: Law
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Experience:  11 years experience of general practice.
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I've been left 70% of property in a will by my late mother.

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I've been left 70% of property in a will by my late mother. I have lived here with her for 30 yrs during the last few i have been a full time carer, can i be forced to sell?, she has no outstanding debts.
Submitted: 2 years ago.
Category: Law
Expert:  tdlawyer replied 2 years ago.
Hello, thank you for your question. My name is ***** ***** I can assist you with this.
You may have a claim under the Inheritance (Provision for Family and Dependants) Act 1975. This allows people to claim additional rights against an estate, where it is right and just to do so. In your case, as you appear to have been dependent upon your late mother, effectively living in the property as her full-time carer, you may be entitled to a life interest at least in the property, thereby allowing you to live there until you die.
There are various factors that the court will consider in this kind of case, such as whether you're able to obtain alternative accommodation now, and your reasons for wishing to remain at your late mother's property.
In any event, you need to look at this from the perspective of the other beneficiaries too, in the sense of asking whether they would be prepared to fight you at court to prevent you from continuing to have an interest in the property until your own death. They appear to have been left a smaller amount, in percentage terms, once your own interest is taken into account.
Therefore, I suspect you may very well be able to resist a sale of the property and claim a life interest. It is important that you seek advice from a solicitor as quickly as possible, as ordinarily, you only have six months from the date that probate is granted in which to challenge this and make a claim at Court. If you intend to do this, then a solicitor would be best places to assist you in making that claim as these things can be complicated unless you have some legal knowledge.
I hope this is useful and answers your question. If you require any further clarification, please do not hesitate to ask. Otherwise, please do remember to rate my answer as highly as possible.
Kind regards
Tony
tdlawyer, Lawyer
Category: Law
Satisfied Customers: 1096
Experience: 11 years experience of general practice.
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