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Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10459
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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In her last will dated 2005 my mother said her share of her

Resolved Question:

In her last will dated 2005 my mother said her share of her home should go to her daughter. In 2007 she signed the property over to me (her son) and my wife entirely. we have lived in the house with her since 1993. does her daughter still have a claim on the house as she has now died
Submitted: 10 months ago.
Category: Law
Expert:  Aston Lawyer replied 10 months ago.

Hi, as the property was not owned by your mother when she died, the gift of the property to your sister is invalid. Only assets belonging to a deceased at the date of death can be distributed in accordance with the deceased's Will, and as she did not own the property, your sister can't claim the house under the terms of the Will, nor can she make a claim against you for the house. I hope this assists and sets out the legal position. Kind Regards Al

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