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Ask Clare Your Own Question

Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33314
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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I live at home all my life 46 years - I pay bills and do the

Customer Question

I live at home all my life 46 years - I pay bills and do the maintance to the property - do I have any legal rights also there is a big shed outside which I have maintained and pay insurance on -on one has very looked at it until now. I have had a lock on it for about 17 years. Do I have any rights
Submitted: 4 months ago.
Category: Law
Expert:  Clare replied 4 months ago.

Thank you for your question

My name is Clare

I shall do my bets to help you but I need some further details first

Who actually owns the property?

Customer: replied 4 months ago.
my mother has her day then it goes to my younger brother
Expert:  Clare replied 4 months ago.

I am sorry could you explain that a little further

Customer: replied 4 months ago.
my father died and he left my mother her day of the house and then it goes to my younger brother
Expert:  Clare replied 4 months ago.

When did your father die?

Customer: replied 4 months ago.
14 years ago
Expert:  Clare replied 4 months ago.

May I ask why you were left out of his Will?

Was he the sole owner of the property?

Customer: replied 4 months ago.
I wasn't left out I was suppose to get a building site - he was the sole owner. I have not seen the will as my brother next to me is in charge of it and has never left me have a copy and I have never been to the solicitors that was dealing with it
Expert:  Clare replied 4 months ago.

Have you applied for a copy of the Will using a services such as the one here

http://www.ukgrocertificatesonline.co.uk/northern-ireland-wills-online-22-c.asp

Customer: replied 4 months ago.
No I haven't because my brother should have given me copy as he is in charge of it
Expert:  Clare replied 4 months ago.

Actually no he does not have to do so.

If the Will has gone to Probate you are free to obtain a copy.

Does your younger brother live in the property with you and your mother?

Customer: replied 4 months ago.
No he dosent will did not go to probate as daddy didn't have much
Expert:  Clare replied 4 months ago.

So whose name is ***** ***** the title deeds?

Customer: replied 4 months ago.
my younger brother
Expert:  Clare replied 4 months ago.

How was the property transferred if there was no grant of probate?

May ai ask why you are paying for maintenance if the property belongs to your brother?

Customer: replied 4 months ago.
I don't know the solicitor done that - hes married now and away so someone has to do it
Expert:  Clare replied 4 months ago.

Have you spoken to your brother about this?

Customer: replied 4 months ago.
I have spoken to my younger brother and hes the same no on will tell him anything. Older brother says he owns everything
Expert:  Clare replied 4 months ago.

Has anyone actually seen the Title deeds

Customer: replied 4 months ago.
no - I'm not worried about the title deeds I just want to know do I have any rights in the house and the shed
Expert:  Clare replied 4 months ago.

On the face of it I am afraid that the answer is no you do not.

You may be able to maintain a claim that your are entitled to use the shed for so long as you wish to do so, but other than that there is no claim that you can make IF the property has indeed already been placed in your brother's name.

If it has not and in fact the property should belong to your mother then when she dies if no provision is made for you then you may have a claim for a share of the equity

Your starting point is to use one of the services and see if Probate of your late father's Will has been granted and obtain a copy of it as you may be able to challenge the issue regarding the house

Please ask if you need further details

Customer: replied 4 months ago.
Thank You Clare for you time and answers.
Expert:  Clare replied 4 months ago.

You are welcome - I am sorry the news was not better

Customer: replied 4 months ago.
thats my life I end up with nothing
Expert:  Clare replied 4 months ago.

I think you need to see the Will- you are taking too much on trust!

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