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: 10797
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 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