How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Buachaill Your Own Question

Buachaill
Buachaill, Barrister
Category: Law
Satisfied Customers: 10458
Experience:  Barrister 17 years experience
53108719
Type Your Law Question Here...
Buachaill is online now

My mother died last wednesday I was her carer, she had alzheimers

Resolved Question:

My mother died last wednesday
I was her carer, she had alzheimers and terminal cancer.
I am a single parent with 2 children age 7 and 11, we live in the family home.
I have a very modest income from self employment.
on thursday morning , after my mums desth the night before, my brother suggested my nephew would move into the property at once.I refused.
the estate and property are divided between my brother and me.
previously the house was left to me after my brother was left the family business, my mother changed her will in 2006 whilst I was well established with s good business and my own home.
my wife suffered 3 breakdowns, the first postnatal, in 2006, 2008, then 2013.
she is excluded permenantly from the family by order of the courts, I have a residency order for the children.
They have experienced massive trauma and distress because of their mothers illness, counselling etc, so the stability provided by home with grandma has become essential.
My brother has lately held power of attourney over all mums financial affairs.
As my mums will was previously changed to encompass improved cirvumtances, is it appropriate that the will should be reconsidered now?
Please advise
Submitted: 1 year ago.
Category: Law
Expert:  Buachaill replied 1 year ago.
1. Dear *****, the first thing you need to be aware of, is that a change in circumstances is not grounds for a court to interfere in the validity or distribution set out in a will. So, the fact your circumstances have changed since the date of the making of the will are not grounds to set aside the will or to change the equal division between yourself and your brother. The grounds laid down in the 1975 Inheritance (Provision for Dependents) Act, are where a person is financially dependent upon the deceased and proper provision has not been made for them. My own view is that you will not have a claim which will succeed in the court as you are already getting half the estate. However, each of your individual children would have a claim as they were dependent upon their grandmother due to their mother's illness and no provision was made for them in the will. So, if you are minded to make a claim, I would suggest you do it in your children's names as they have a better claim in law than you.
Expert:  Buachaill replied 1 year ago.
2. Please Rate the Answer, James, as unless you Rate the Answer your Expert receives no payment for answering your Question.
Buachaill, Barrister
Category: Law
Satisfied Customers: 10458
Experience: Barrister 17 years experience
Buachaill and other Law Specialists are ready to help you
Customer: replied 1 year ago.
Thanks that's very helpful.If you could send me some case references.re child claimants, that would help.rgds.jim bosomworth

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Previous | Next >
  • http://ww2.justanswer.co.uk/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.co.uk/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.co.uk/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.co.uk/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.co.uk/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.co.uk/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.co.uk/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice