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Buachaill
Buachaill, Barrister
Category: Law
Satisfied Customers: 10627
Experience:  Barrister 17 years experience
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Do I have any right to my mother's estate which was left in

Resolved Question:

Do I have any right to my mother's estate which was left in full to my brother?
Submitted: 1 year ago.
Category: Law
Customer: replied 1 year ago.
My mother moved to Kent a couple of years ago having lived in Scotland. When she arrived in England she changed her will. I know that under Scottish Law I am entitled to claim and share a third with a sibling(s) I had spent many years supporting my mother financially - having paid money in to her account by standing order for about 15 years. Do I have a right under English Law to make a claim on a share of the will as I do in Scottish Law or is that not the case? I only seek for the house sale to be split fairly between us. Thank you Steven
Expert:  Buachaill replied 1 year ago.
1. The rules are different in England & Wales than in Scotland, where the civilian rules apply. In England & Wales, there is no automatic entitlement to a share in your mother's estate, but there is a right to apply under the 1975 Inheritance (Rights of Dependents and Relatives) Act for a share in the estate if you were in any way dependent upon your mother either before or during the period leading up to her death. Be aware here, that some element of dependency must be shown. If you are financially secure and able to look after yourself, a court will not make an award in your favour, however, much it might like to do so. However, if you can show you are still making your way in life and depended upon parental support, then you can claim a share. Be aware that this claim must be made within six months of the taking out of probate to your mother's estate. So, don't delay if you have a valid claim. I would advise you to speak to a solicitor anyway. Get a copy of the will and show it to a solicitor as there may be something else wrong with it, as under the rules on intestacy the estate would be shared equally among all children, if your mother was not married.
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