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Harris
Harris, Law Specialist
Category: Law
Satisfied Customers: 1954
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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Myself and my brother are named as sole inheritors of our

Resolved Question:

Myself and my brother are named as sole inheritors of our uncles estate. This includes his house and all his financial savings. My mother is the named executor of his will.
Problem :
My mother is trying to convince my uncle to sell his house now. She plans to live in the 'new' house with him, including her husband (my step father) and his daughter (my step sister).
When it comes to him passing away, what legal hold will I have over the property and is this a way that my mother and her family can overcome the terms of the will, leaving me excluded from his estate?
Submitted: 8 months ago.
Category: Law
Customer: replied 8 months ago.
My brother is also trying to convince him to move in the hope that he will release money to him from the sale if his house. My uncle is reluctant to move but they are giving him the hard sell.
Customer: replied 8 months ago.
My mother assumed that she would be inheriting the house until he expressed his wishes in his will and this is her motivation of securing her future.
Customer: replied 8 months ago.
I'm worried that I will end up with nothing although I am named in the will.
Expert:  Harris replied 8 months ago.
Hi, thank you for your question. If his will remains that you and your brother are to inherit his estate solely, then this will include the new property as long as it is in his sole name. Despite what is stated in the will, your mother can challenge the will in court if she can prove that your uncle "maintained" her. This means that if he was making a substantial contribution towards her reasonable needs up to his death, on the basis that he had assumed responsibility for her. The court will look at the type, value and purpose of the maintenance and how long it was being made. The court takes into account the following criteria when deciding on such matters:The applicant's present and future financial needs and resources.The present and future financial needs and resources of any beneficiary of the estate.The deceased's obligations and responsibilities towards the applicant and towards any beneficiary under the will.The size and nature of the deceased's estate.Any physical or mental disability of any applicant or beneficiary.Any other matter (including the conduct of the applicant or any other person).It would therefore be concerning if your uncle purchases a new property for her to live in, as she can make a claim after his death that he reasonably provided for her and she could seek a share of his estate, despite what is stated in his will.I hope this assists you. If you found this information helpful please provide a positive rating using the stars at the top of this page. I will not be credited for answering your question without a positive rating. Thank you
Harris, Law Specialist
Category: Law
Satisfied Customers: 1954
Experience: Family Law - Specialist in Divorce, Financial Relief and Children Matters
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