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ukfamilysolicitor
ukfamilysolicitor, Solicitor
Category: Law
Satisfied Customers: 994
Experience:  Qualified Solicitor Currently specialising in Family. Also experienced in Corporate, Employment, Civil Litigation, Debt Recovery
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I have been left my mums residence in her will - it is clearly

Customer Question

i have been left my mums residence in her will - it is clearly stated. i am a joint trustee and executor of her will along with my half brother. he is upset about the house being left to me. everything else is spilt equally between us. is there anything he can do to stop me from following my mums wish?
Submitted: 1 year ago.
Category: Law
Expert:  ukfamilysolicitor replied 1 year ago.
Hello Welcome to Just Answer I am a Solicitor and I will assist you. Please may I ask: 1) was your mothers will drawn up by a solicitor? was it signed and witnessed?2) was your brother dependant on your mother in any way? Kind Regards Caroline
Customer: replied 1 year ago.
Hi there thanks so much for your response. The will was drawn up by a solicitor and witnessed yes.My brother is not a dependent - he is 57 years old and married. The will states in point 4:I give devise and bequeath such freehold dwelling as i shall own at my death to my said daughter Charlotte Kathleen Louise Hotham in fee simple absolutely.Many thanks for your help
charlotte
Expert:  ukfamilysolicitor replied 1 year ago.
Hello CharlotteThank you for your response.From what you have told me you can rest assured that the house is yours.The provision made by your mother is clear. The will is highly likely to be valid if it has been drawn up by a solicitor and witnessed.Your brother cannot make a claim under the inheritance act - if he was not dependant on your mother.Although your brother may be bitter - the house is yours.Please do not hesitate to ask if I can assist you further.Kind RegardsCarolinePlease kindly remember to rate positively so that we receive credit for helping you today
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Customer: replied 1 year ago.
thank you so much for your reply. This has really helped me. I wondered if you could advise me on the coming steps. We are both joint executors and trustees of the will, and my half brother is currently dealing with probate on our behalf. I understand that we are waiting for the certificate from the HMRC, at what point will i be able to transfer the property into my name and what are those next steps?thanks again for all of your advice.
charlotte
Expert:  ukfamilysolicitor replied 1 year ago.
Hello CharlotteI could answer your original question as I am a litigator and therefore able to tell you if he has any grounds to contest the will. In respect of your further question - you need a probate lawyer and not a litigator. If you post your second question again I am sure one of my colleagues will help you.Kind RegardsCaroline
Customer: replied 1 year ago.
thank you so much, i will do that.many thanks
charlotte
Expert:  ukfamilysolicitor replied 1 year ago.
Your very welcome - glad I could help