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Joshua
Joshua, Lawyer
Category: Law
Satisfied Customers: 26069
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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My mothers niece is to move in to my mothers house

Resolved Question:

Hello
My mothers niece is to move in to my mothers house as her carer as she lives alone. This will then be her main home. Her niece does not have assets herself. My mother who is 94 owns her house. What rights will my niece have on the property at such time that my passes on or goes into a home. She is not listed in the will.
Submitted: 2 years ago.
Category: Law
Expert:  Joshua replied 2 years ago.
Hello and thank you for your question. I will be very pleased to assist you. I'm a practising lawyer in England with over 10 years experience. Is the niece to be paid by your mother for her services please?Does your mother wish to leave anything to her to take account of her caring role?
Customer: replied 2 years ago.
No payment as my mother providing house to live in. She is at the moment not in the will.
Expert:  Joshua replied 2 years ago.
Thank you. There are two options available in this situation.1) the first is for your mother's needs to move in and undertake an unpaid role in caring for your mother in return for essentially bed and board. From what you say, I understand that this is essentially what is presently proposed. This situation does allow her niece to make a potential claim against her estate after your mother's passing under the inheritance (provision for family and dependents) Act. Such a claim could be made by her niece on the basis that she claims to have been financially maintained by your mother prior to her death. She would point to the fact that she was housed by your mother and she may or may not have received pocket money or the like as would be common in practice. in other events, she would have a potential claim for some satisfactory for her continued maintenance. It is for a court to decide what amount is appropriate but generally it will some which is judged to be satisfactory for fair continued maintenance. Such a sum is unlikely to be a large proportion of the estate but it could still be a not insubstantial amount of money.2) if this is not desirable, the danger of such a claim can be reduced by your mother including a provision for her niece in her will. this will not remove the danger but it will lessen the likelihood of it. There is a way to remove the threat of such a claim altogether which is for your mother to employ her niece formally as her carer under a basic contract that provides for a salary less deduction for accomodation. if a formal employment contract is in place, then this removes the possibility of a claim because her niece cannot claim she was being financially maintained by your mother; rather she was an employee of your mother and her rights will therefore be dictated by the terms of her employment contract. of course your mother informally employing her niece, whilst removing the danger of a potential claim against her estate, does replace this with the obligation to pay her niece wages, although as above, a market deduction for accommodation can be made to wages. SO it is a question of which is considered to be the best fit for your mother. I hope the above is of assistance? If you have no further questions for now I should be very grateful if you would kindly take a moment to click to rate my service to you today or just reply back to let me know if the above is helpful. Your feedback is important to me. If there is anything else I can help with please reply back to me.
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