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Buachaill
Buachaill, Barrister
Category: Law
Satisfied Customers: 10527
Experience:  Barrister 17 years experience
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I have been caring living with my elderly severly disabled

Resolved Question:

I have been caring for and living with my elderly severly disabled mother in her home for the last 12 years. My mother died in October and now I am expected to leave the family home when it is sold. I do not have any capital of my own and have three siblings that the estate will be split between. My siblings are all married with their own homes and I am 60 years old without a carer I can return to. Should I just accept the four way split and leave my home?
Submitted: 1 year ago.
Category: Law
Expert:  Buachaill replied 1 year ago.
1. Be aware that you have a potential claim under the 1975 Inheritance (Rights of Dependents) Act to make an application to court to seek a greater share under the will because you were dependent upon your Mum whilst she was alive and were dependent upon living in her house for somewhere to live. This is a discretionary power given to a court to make provision for a person who was dependent upon a deceased person but insufficient provision was made for them in the will. However, you need to act promptly as you only have six months from the date of death within which to bring such an application. So I would suggest if you cannot reach some agreement with your siblings that you bring such an application to seek a greater share of the proceeds of sale of the house, should it be sold. This might also give you leverage, on your brothers and sister, if you bring such an application, to argue for a greater share of your mother's estate and her house.2. Please RATE the Answer as unless you RATE the Answer your Expert receives none of the monies you have paid the website so there is no incentive to answer any further questions.
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