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Ask Clare Your Own Question
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34105
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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Wills My mother requested that property would be left to a

Resolved Question:

Wills
My mother requested that property would be left to a specific sibling. No Will was drawn up. 5 out of the 6 siblings agreed that those were my mother's wishes.
The 6 sibling may contest this. Do they have any legal rights to the property
Submitted: 11 months ago.
Category: Law
Expert:  Clare replied 11 months ago.

Thank you for your question

My name is Clare

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

Just to check - there is no surviving spouse?

Did the one sibling live with her?

Customer: replied 11 months ago.
No spouse.
The sibling contesting the arrangement did not live with my mother. The sibling my mother left the house to did
Customer: replied 11 months ago.
No will was drawn up
Customer: replied 11 months ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Expert:  Clare replied 11 months ago.

Are you aware that the site charges more for a phone call?

Did the sibling who lived with your mother make a financial contribution to the house?

How much is the Estate worth in total?

Customer: replied 11 months ago.
No phone needed thanks
Yes
The estate would amount to £80000
Expert:  Clare replied 11 months ago.

What contribution was made?

Customer: replied 11 months ago.
Monthly payments for upkeep etc £160 a month for 20 years
Customer: replied 11 months ago.
Over 20 years
Expert:  Clare replied 11 months ago.

In the absence of a Will your mother's Estate should be shared equally between the six children - including the house.

It is possible that the sibling who lived there could argue that he (or she) is entitled to make a claim against the estate on the basis that they were reliant on your mother to provide them with a home - and it is possible that they would get a larger share of the Estate because of that.

However they would NOT get the house and accordingly if five of you wish to honour your mother's wishes then the sibling who is going to receive the house may hav eto offer sibling 6 a cash settlement

I am sorry not to give better news - please ask if you need further details

Customer: replied 11 months ago.
How much should the sibling living in the house offer the sibling who wants to claim against the estate?
Expert:  Clare replied 11 months ago.

That is harder to assess without more knowledge of the Estate

Add up the assets - take away the costs of the funeral etc and divide by 6

That is the most the sibling could get - so knock some off and make an offer

Customer: replied 11 months ago.
Thank you.
Expert:  Clare replied 11 months ago.

You are most welcome - I hope all goes well

Clare and 2 other Law Specialists are ready to help you