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Ask Clare Your Own Question
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34234
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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My mother passed away last year aged 92 and left a will

Resolved Question:

My mother passed away last year aged 92 and left a will sharing her house between all 6 children unfortunately the will only had 1 other witness signature so apparently does not stand in law even though it is written in moms hand so at least shows her wishes..our youngest brother had his name on the mortgage to allow mom to purchase the council house all those years ago because she was a widow and he lived at home at the time he has never paid any of the mortgage it was all paid by mom and we have the building society books to prove it...He has now sold the house and kept all of the money saying its his because his name is ***** ***** deeds.. he had said he was keeping half and sharing the other half between the 5 of us but even though i have asked him numerous times he has not given us our share and will give no reason as to why he doesn't even reply to us.. Can you please give me some help as my husband has just been diagnosed with cancer and i know i will be needing my share of what our mom wanted us all to share.. I believe the house sold for about £115,000 - £120,000 Kind regards ***** *****
Submitted: 1 year ago.
Category: Law
Expert:  Clare replied 1 year ago.

Thank you for your question

My name is Clare

I shall do my best to help you but I need some further information first.

Did he confirm his offer to share half with you in writing?

Customer: replied 1 year ago.
Each time I sent my brother a message asking for our share of the money I copied his wife in, he never replied to me but she did reply once I have a message on my mobile from his wife saying quote..."but he is following his mom's wishes by sharing her half"
Expert:  Clare replied 1 year ago.

When did your mother die?

Customer: replied 1 year ago.
17th August 2015
Expert:  Clare replied 1 year ago.

What was the original discount she obtained

Customer: replied 1 year ago.
The full council discount at the time, I cant remember how much that was but the purchase price was £7,225 that was 1983
Customer: replied 1 year ago.
the house sold for £123,000 on 23rd March 2016
Expert:  Clare replied 1 year ago.

Was there any mortgage outstanding?

Customer: replied 1 year ago.
no it was paid off by mom in 2006
Customer: replied 1 year ago.
my brother was 19 when he signed for the mortgage with mom, he married at 20 and then brought his own house
Expert:  Clare replied 1 year ago.

I take it no one has applied for Letters of Administration of her estate?

Customer: replied 1 year ago.
My older brother has power of attorney !! Is that the same as administrator ?
Expert:  Clare replied 1 year ago.

No - that ended when your mother died - this would be about trying to deal with her Will/Estate?

Customer: replied 1 year ago.
Would he be executor then....!
Customer: replied 1 year ago.
I think he must be executor because he has had access to all moms finances on our behalf but he seems reluctant to pursue the proceeds of the house sale I think it is because the Deeds had my mom and my younger brother down as Mr & Mrs and it appeared as a married couple but of cause they are mother and son. that is why my younger brother has claimed the house as his
Expert:  Clare replied 1 year ago.

He has no reason for worry.

It is clear that your mother had a clear financial claim on the property and that she understood that she was able to dispose of her share as she wished AND that your brother was aware of it.

On that basis the Estate could make a claim against the proceeds of sale - and the executor shoudl write a clear letter indicating that unless the offer to divide 50% of the equity between the other siblings then a Court Applictaion could follow.

It would not be the easiest of applications - but it could be successful - but only the Administrator of her Estate can deal with it

Please ask if you need further details

Clare and other Law Specialists are ready to help you
Customer: replied 1 year ago.
Thank you Sarah...I will go and see my older brother and let him know what you have told me .. kind regards..
Customer: replied 1 year ago.
Could you please explained what a court application is please Sarah..
Expert:  Clare replied 1 year ago.

He would have to make an application under the Trusts of Land and Appointment of Trustees Act

Customer: replied 1 year ago.
Where does he apply for that ? Can I get in online ?
Expert:  Clare replied 1 year ago.

It would be best if he got some face to face advice from a local solicitor who can review the paperwork.

Alternatively he could ask a Direct Access Barrister to prepare the claim

Customer: replied 1 year ago.
Thank you ..