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JGM
JGM, Solicitor
Category: Law
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Experience:  30 years as a practising solicitor.
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Not sure if this is Family law or Property law as it

Resolved Question:

Hello,
Not sure if this is Family law or Property law as it involves both.
My 85 year old Mum has ask me and my partner (of 40yrs) to to purchase a property with her,she has currently in a 2 bed bungalow paid for and worth approx £133,000.
My partner and I would have to get a mortgage to be able to buy a bigger property for us all to live together,makes sense as we are currently in rented paying £650 pm plus all bills.
Now where the problem starts is i have an older sister,we don't get on,she believes that i would be taking or using her inheritance to purchase the property and would huge problems down the line.
I offered to put £40,000 in trust from the sale of my mums property and add as much as possible as quick as possible to the maximum sum of £65,000.
She hit the roof and demanded her fair share of the property paid immediately on the day of completed sale.
My main question is can she force this to happen or is there some legal procedure she can take to force it or even worse stop us from doing what my mother has requested,
just to add my mum is of very sound mind and is willing to take any test.
Hope you can help
Regards
Maggie
Submitted: 1 year ago.
Category: Law
Expert:  JGM replied 1 year ago.
Thank you for your question.
Your sister can't demand her inheritance whilst your mum is alive. That is just a ridiculous proposition on her part. Your mother is entitled to do what she wants with her assets and if she wants to buy a house with you to make her life more pleasant she is entitled to do so. Morally, frankly, your sister should be behaving in the best interest of your mother, not herself.
You mother could in fact say that the entire proceeds of the sale of her house be invested in the new house. That would be her prerogative. She could also instruct that her share of the property pass to you and your partner on her death or indeed that the property be put in your names only from the outset. Again that is her prerogative.
So in short, if she wants to make some kind of provision for your sister, she can do so but the decision is entirely hers and you sister has no legal rights or demands in this at all.
I hope this helps.
Please leave a positive response so that I am credited for my time.
JGM, Solicitor
Category: Law
Satisfied Customers: 10907
Experience: 30 years as a practising solicitor.
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